South Australian Consolidated Acts South Australian Consolidated Acts (1) A bail agreement
with a person who has been charged with, or convicted of, an offence is an
agreement under which that person makes an undertaking to the Crown—
(a)
subject to any directions in the agreement to the contrary, to be present
throughout all proceedings—
(i)
where the person has not been convicted of the
offence—relating to any preliminary examination of the charge and to the
hearing and determination of the charge;
(ii)
where the person is convicted of the
offence—relating to sentencing and to any appeal from, or review of, the
conviction or any sentence; and
(b) to
comply with any conditions as to the person's conduct while on bail stipulated
in the agreement; and
(c) if
the agreement so provides—to forfeit to the Crown a sum stipulated in
the agreement if the person fails, without proper excuse, to comply with a
term or condition of the agreement.
(1a) For the purposes
of subsection (1)—
(a) a
child who has been arrested on suspicion of having committed an offence will,
for so long as no charge is actually laid against the child, be taken to have
been charged with that suspected offence; and
(b) if
the child is not charged with that suspected offence but with some other
offence arising out of the same circumstances as that suspected
offence—a bail agreement entered into by the child relates to that other
offence.
(1b) A bail agreement
with a person who is appearing or is to appear before a court as a witness in
proceedings (other than proceedings relating to an offence for which that
person has been charged or convicted) is an agreement under which that person
makes an undertaking to the court—
(a) to
be present at the proceedings in accordance with the terms of the agreement;
and
(b) to
comply with any conditions as to the person's conduct while on bail stipulated
in the agreement; and
(c) if
the agreement so provides—to forfeit to the Crown a sum stipulated in
the agreement if the person fails, without proper excuse, to comply with a
term or condition of the agreement.
(2) A bail agreement
must be in the prescribed form.
(3) Where a
bail authority decides to release a person on bail, the bail agreement may be
entered into before the bail authority or, unless the bail authority otherwise
directs, before—
(a) a
justice; or
(b) a
member of the police force of or above the rank of sergeant or in charge of a
police station; or
(c) if
the person is in prison—the person who is in charge of the prison; or
(d) any
other person specified by the bail authority or any other person of a class
specified by the bail authority.
(4) Notwithstanding
the provisions of any other Act, a bail authority may for any sufficient
reason, on the application of a person on bail or the Crown, or on its own
initiative, vary the conditions of a bail agreement or revoke a bail
agreement.
(5) Where a
bail authority revokes a bail agreement, the bail authority (not being a
member of the police force) may, if it is necessary to do so, issue a warrant
for the arrest of the person who was released under the agreement.