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 [see s 11(6) Bail Act 1985 (SA)].

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 the same [s 11(1)(a)]; and
  • that the person released on bail submit to gunshot residue testing as reasonably required [s 11(1)(b)].

However these 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 further impose the condition that the applicant surender any firearm, ammunition or part of the same owned or possessed by them [s 11A]. The maximum penalty for failing to comply with this direction is $10 000 or 2 years imprisonment [s11A(2)].

A bail authority may further impose the following conditions on a bail agreement:

  • the applicant for bail reside at a specified address;
  • home detention;
  • conditions relating to the physical protection of a victim;
  • supervision by a community corrections officer;
  • the applicant report to police;
  • surrender of any passport;
  • the applicant provides 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 applicant lodges 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;and
  • that the guarantor lodges with the court security of a specified amount or value to secure payment of the money stipulated in the guarantee agreement.
    [s 11(2) Bail Act 1985 (SA)]

Further conditions can be imposed on serious and organised crime suspects [see s 11(2aa)], and suspects of child-sex offences [see s 11 2(ab)].

All conditions imposed have to 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: Tue Oct 7th 2014
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