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Review by a magistrate

A person who is refused bail by the police or by a court constituted of justices, may apply for a review of that decision by a magistrate. If bail was granted, the Crown may apply for such review [ss 14(1)-(2) Bail Act 1985 (SA)].

The application is treated as a fresh application, and the court must hear and determine it as expeditiously as possible [see ss 14 (3)-(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 magistrate or Supreme Court are satisfied that there is a proper reason for it [see s 16 Bail Act 1985 (SA)].

Review by a magistrate  :  Last Revised: Fri Sep 26th 2014
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