South Australian Consolidated Acts

BAIL ACT 1985 - SECT 8

8—Form of application

        (1)         Subject to subsection (1a), an application of a person for release on bail—

            (a)         must be in the prescribed form; and

            (b)         must contain the prescribed information; and

            (c)         must be made in accordance with any procedure prescribed by the regulations.

        (1a)         An application for release on bail need not be made in accordance with subsection (1)—

            (a)         if the bail authority is satisfied that a less formal application should be permitted in view of the applicant's illiteracy, imperfect command of the English language, intellectual limitations or for any other proper reason; or

            (b)         if the bail authority has access to an application previously made by the applicant and considers that a further written application is unnecessary.

        (2)         A person who has the custody of an eligible person must, at the request of that person—

            (a)         afford such assistance as that person reasonably requires to complete a written application for release on bail; and

            (b)         if the custodian is not a bail authority—transmit the application as soon as practicable to a bail authority.

        (2a)         Where the eligible person is a child, a request may be made on behalf of the child under subsection (2) by a guardian of the child.

        (3)         Where a written application for release on bail comes before a bail authority for determination, the bail authority may proceed to consider and determine the application notwithstanding that the application was made in the first instance to some other bail authority.