South Australian Consolidated Acts

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BAIL ACT 1985 - SECT 16

16—Stay of release on application for review

        (1)         Notwithstanding any other provision of this Act, where—

            (a)         —

                  (i)         a bail authority decides to release a person on bail; or

                  (ii)         on a review by a magistrate of a decision to release a person on bail the magistrate decides to release the person on bail; and

            (b)         a member of the police force or counsel appearing on behalf of the Crown immediately indicates that an application for review of the decision will be made under this Part,

the release must be deferred.

        (2)         The period of deferral ends when—

            (a)         the review is completed; or

            (b)         a member of the police force or some other person acting on behalf of the Crown files with the bail authority a notice that the Crown does not desire to proceed with the review; or

            (c)         72 hours elapse,

whichever first occurs.

        (3)         If a person is released pursuant to subsection (2)(b) or (c), the conditions of bail are those that would have applied had the person's release not been deferred.



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