Decisions made by magistrates on bail applications can be reviewed by the Supreme Court [s 14 Bail Act 1985 (SA)]. This review is available to the Crown as well as an applicant for bail. The application is treated as a fresh application, and the court must hear and determine it as expeditiously as possible [ss 14(2) -(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)].
Where a magistrate has reviewed a decision of a bail authority, that magistrate's decision can also be reviewed upon application by the person refused bail, or the crown. Such review is heard in the Supreme Court, but the leave of the court must first be obtained. To be granted leave the applicant must show that there was an error of fact or law [see s 15A].
There is no appeal from the Supreme Court refusal.
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