Eligibility for bail

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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

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