Eligibility for bail

skip to content

Legal Help for all South Australians

Refine results

Search by

Eligibility for bail

A person is eligible for release on bail under s 4(1) of the Bail Act 1985 (SA) if they:

are charged with an offence
are convicted of an offence but not yet sentenced [see also s 10(2)]
have not exhausted all rights of appeal or review following sentence
have failed to obey a condition of a recognizance
have failed to appear to answer a summons (includes witnesses and victims)
have been arrested on a warrant and are due to appear before a court as a witness [see s 6(1b) for nature of bail agreement and s 10(3) for presumption of bail].

Persons not eligible for bail

A person is not eligible for bail if they are:

being detained pursuant to the Summary Offences Act 1953 (SA) for a purpose related to the investigation of an offence [Bail Act 1985 (SA) s 4(2)]
being detained under Part 3 of the Criminal Law (High Risk Offenders) Act 2015 (SA) [Bail Act 1985 (SA) s 4(3)].

Eligibility for bail : Last Revised: Wed Oct 2nd 2024

We embrace diversity and welcome all people, irrespective of culture, faith, sexual orientation and gender identity.

South Australia flag Aboriginal icon Torres Straight icon LGBT icon Disability icon

Legal Services acknowledges Aboriginal people as the Traditional Owners and ongoing occupants of the lands and waters in South Australia and we respect their spiritual, cultural and heritage beliefs. We recognise their continuing connection to land, water and community and pay our deep respect to Elders past and present.

Connect with us

Quick Exit to BOM Weather