Arrest on non-compliance

When it appears to a court that a person has broken a term or condition of bail, the court can issue a warrant for the person's arrest [Bail Act 1985 (SA) s 18(1)]. Upon the person's arrest, the bail agreement is taken to be revoked [s 18(4)].

A member of the police force who has reasonable grounds for believing that a person intends to abscond, or is contravening or failing to comply with (or has contravened or failed to comply with) a bail agreement, can arrest the person without a warrant [s 18(2)].

Penalty for non-compliance

A person who, without reasonable excuse, breaches, or fails to comply with, a term or condition of their bail agreement is guilty of an offence [s 17(1)].

The maximum penalty is a fine of $10,000 or imprisonment for 2 years. The penalty imposed must not be more than the maximum penalty that can be imposed for the offence for which the person is charged [s 17(2)]. For example, a person charged with disorderly conduct under s 7 of the Summary Offences Act 1953 (SA) faces a maximum penalty of $1,250 or imprisonment for 3 months. The maximum penalty for a breach of bail in relation to this offence is $1,250 or imprisonment for 3 months.

The penalty for a breach of bail is in addition to any penalty for the original offence and any order for the forfeiture of an amount of money that may have been specified in the bail agreement [s 17(3)].

When a bail agreement has been breached, an order for forfeiture can be made whether or not the person in breach of bail is charged with a bail offence [s 19(1)]. An order for forfeiture may also be made against a guarantor in respect of any amount of money specified in the guarantee [s 19(1)]. These orders for forfeiture are known as estreatment orders.

A person against whom an estreatment order has been made may apply to the court for the reduction of the amount or for the order to be rescinded [s 19(3)].