If there is no magistrate in the immediate vicinity who can review the decision, the person can request, in writing, that the decision be reviewed by a magistrate over the telephone [Bail Act 1985 (SA) s 15(1)(c)]. Police sometimes allow this without a written request, and where the original bail application was not required to be in writing then this application can also be made orally [s 15(4)] .
This type of review is primarily for arrests on weekends or in remote areas where a court is not readily available.
The police officer must contact a magistrate as soon as possible after the application is received, or if the original police officer is not available, contact another police officer of or above the rank of sergeant or the responsible officer of the station [s 15(5)].
In the course of making inquiries and reviewing the decision the magistrate must speak to the applicant for bail or any legal practitioner or other person representing or assisting the applicant [s 15(6)(c)].
When telephone review applications are not available
Telephone review of a bail application is not available to adults who are arrested and denied police bail if they can be brought before the Magistrates Court by no later than 4pm on the next day [s 15(2)].
It also does not apply to an adult prescribed applicant and in these cases there is a presumption against bail [s 10A]. A prescribed applicant is a person who has been charged with specified serious crimes such as use of a vehicle to commit an act to endanger life or cause serious harm whilst attempting to escape (or entice) police pursuit; serious firearm offences; aggravated offences involving physical violence resulting in a breach of an intervention order; or a person who is a serious and organised crime suspect. See Presumption of bail for a more comprehensive list of prescribed applicants covered by section 10A(2) of the Bail Act 1985 (SA).
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