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Eligibility for bail

Persons eligible for release on bail in accordance with the Bail Act 1985 (SA) s 4(1) are those who:

  • are charged with an offence;
  • are convicted of an offence but not yet sentenced;
  • have not exhausted all rights of appeal or review following sentence [see Bail Act 1985 (SA) s 10(2) regarding unfettered discretion whether applicant should be granted bail];
  • have failed to obey a condition of a recognizance;
  • have failed to appear to answer a summons (includes witnesses and victims); or
  • have been arrested on a warrant and are due to appear before a court as a witness [see Bail Act 1985 (SA) s 6(1b) for nature of bail agreement and s 10(3) for presumption of bail].
Persons not eligible for bail

If a person who has been arrested is being detained pursuant to the Summary Offences Act 1953 (SA) for a purpose related to the investigation of an offence, the person is not eligible for release on bail until the end of that detention [s 4(2) Bail Act 1985 (SA)].

Additionally, a person is not eligible for release on bail if the person is being detained under Part 3 of the Criminal Law (High Risk Offenders) Act 2015 (SA) [s 4(3) Bail Act 1985 (SA)].

Eligibility for bail  :  Last Revised: Thu Jan 21st 2016

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