South Australian Consolidated Acts South Australian Consolidated Acts (1) The following are
constituted as bail authorities for the purposes of this Act:
(a) the
Supreme Court;
(b) a
court before which the eligible person has been charged with the offence in
respect of which the eligible person has been taken into custody;
(c) a
court before which the eligible person has appeared for trial or sentencing;
(d)
where the eligible person—
(i)
is charged with a summary offence only; or
(ii)
is charged with an indictable offence but has not
appeared before a court for trial or sentencing,
the Magistrates Court;
(e)
where the eligible person—
(i)
has been arrested on a warrant (other than a warrant
endorsed by the court or justice issuing the warrant with a statement
excluding the granting of bail by a member of the police force); or
(ii)
has not appeared before a court charged with the offence
in respect of which he or she has been taken into custody,
a member of the police force who is of or above the rank of sergeant or who is
in charge of a police station;
(ea)
where the eligible person is appearing before a court in answer to a summons
or for allegedly failing to observe a condition of a recognizance—that
court;
(eb)
where the eligible person is appearing, or is to appear, as a witness before a
court—that court;
(f) a
person authorised or required to release the eligible person on bail under
subsection (2).
(2) If a warrant for
the arrest of a person is issued, the court or justice issuing the warrant
may, by endorsement on the warrant—
(a)
authorise or require a specified person, or a person of a specified class, to
release the arrested person on bail; or
(b)
exclude the granting of bail to the arrested person by a member of the police
force.