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Conditions of bail

It is a condition of every bail agreement that the person released on bail must not leave the State for any reason without the permission of the court before which the person must appear, or some other authority specified in the bail agreement [Bail Act 1985 (SA) s 11(6)].

Every bail agreement is also subject to the following conditions:

  • that the person released on bail be prohibited from possessing a firearm, ammunition or any part of a firearm [s 11(1)(a)]
  • that the person released on bail submit to gunshot residue testing as reasonably required [s 11(1)(b)].

These conditions may be varied or revoked if the bail authority is satisfied that there are cogent reasons to do so and there is no undue risk to the safety of the public [s 11(1a)].

A bail authority may require the applicant to surrender any firearm, ammunition or part of a firearm they own or possess [s 11A]. The maximum penalty for failing to comply with this direction is $10,000 or imprisonment for 2 years [s 11A(2)].

A bail authority may further impose any of the following conditions on a bail agreement [s 11(2)]:

  • residence at a specified address
  • home detention
  • conditions relating to the physical protection of a victim
  • supervision by a community corrections officer
  • regular reports to police
  • surrender of their passport(s)
  • written assurances from acquaintances that the applicant will comply with the conditions of bail
  • forfeiture of a specified sum of money if the applicant fails, without proper excuse, to comply with any term of the agreement
  • the lodgement with the court security of a specified amount or value, to secure payment of the money stipulated in the bail agreement
  • the applicant obtains specified guarantees or a guarantee of a special nature
  • that a guarantor lodges with the court security of a specified amount or value to secure payment of the money stipulated in the guarantee agreement.

There are additional conditions that must be included if the applicant for bail is a serious and organised crime suspect [s 11(2aa)] or has been charged with child sex offences [s 11(2ab)].

From 1 October 2024, a grant of bail to an applicant charged with an offence against s 31(2aa)(b) of the Intervention Orders (Prevention of Abuse) Act 2009 (SA) (a breach of a recognised domestic violence intervention order involving physical violence or a threat of physical violence) must include conditions requiring home detention and electronic monitoring [s 11(2ae)]. This applies to all bail applications where the alleged offending is committed on or after 1 October 2024. A grant of bail in such circumstances is uncommon as there is a presumption against bail for applicants charged with violent breaches of intervention orders - see Presumption of bail.

All conditions imposed must be written in the bail agreement [s 11(7)].

Conditions about the payment of money should not be imposed unless the bail authority is of the opinion that there is no other way to make sure that the applicant will comply with the agreement [s 11(5)].

Conditions of bail  :  Last Revised: Mon Sep 30th 2024
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