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Applying for bail

The police officer who arrests a person eligible to apply for release on bail must:

  1. as soon as reasonably practicable after delivering the arrested person to the police station or facility, take reasonable steps to ensure the person understands that they are entitled to apply for bail; and
  2. ensure that the person is given a written statement explaining how to apply for bail and the appropriate form to do so [s 13 Bail Act 1985 (SA)].

An application for bail is made on a simple form which is available in both police stations and courts. The bail authority (that is, the court or person to whom the application is made) can allow an application to be made in some other way (for example, someone who has any difficulty completing the form can ask to make the application orally) [s 8(1)(a) Bail Act 1985 (SA)].

The police must give as much assistance as is reasonably required to anyone in their custody to complete a written application [s 8(2)(a) Bail Act 1985 (SA)].

A child under 18 years can be assisted by a parent or guardian to make this application [s 8(2a) Bail Act 1985 (SA)].

A person who knowingly provides false information on a bail application is guilty of an offence and faces a fine [s 22 Bail Act 1985 (SA)].

Persons not eligible for bail

If a person who has been arrested is being detained pursuant to the Summary Offences Act 1953 (SA) for a purpose related to the investigation of an offence, the person is not eligible for release on bail until the end of that detention [s 4(2) Bail Act 1985 (SA)].

Additionally, a person is not eligible for release on bail if the person is being detained under Part 3 of the Criminal Law (High Risk Offenders) Act 2015 (SA) [s 4(3) Bail Act 1985 (SA)].

Applying for bail  :  Last Revised: Thu Jan 21st 2016
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.