The Supreme Court may review bail decisions on application by the applicant for bail or the Crown [Bail Act 1985 (SA) s 14]. The review is treated as a fresh application, and the Court must hear and determine it as expeditiously as possible [s 14(2)-(5)].

In Crown applications, if counsel appearing for the Crown or a police officer tells the bail authority that an application for review is to be made, then the bail authority must delay the release of the applicant until after the review, or for a period of 72 hours, or a longer fixed period if the Supreme Court is satisfied that there is a proper reason for it [see Bail Act 1985 (SA) s 16].

The decision of a magistrate on review may itself be reviewed on application by the person refused bail or the Crown [s 15A]. A review may only proceed with the permission of the Supreme Court. Permission will only be granted if it appears there may have been an error of law or fact in the magistrate's decision [s 15A(3)].

Supreme Court bail reviews are governed by Chapter 9 Part 2 of the Joint Criminal Rules 2022 (SA). An application for review must be made using Form 181 Notice of Review - Bail Review, with a Form 93 Affidavit that:

There is no further appeal from a Supreme Court bail decision.