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Enforcement of bail agreement

Arrest on non-compliance

When it appears to a court that a person has broken a term or condition of bail the Court can: revoke the bail agreement [s 18(1)(a) Bail Act 1985 (SA)]; and issue a warrant for the person's arrest [s 18(1)(b)].

A member of the police force who has reasonable grounds for believing that a person intends to abscond or is contravening or failing to comply with (or has contravened or failed to comply with) a bail agreement, can arrest the person without a warrant [s 18(2)].

Penalty for non-compliance

A person who, without reasonable excuse, breaches, or fails to comply with, a term or condition of their bail agreement is guilty of an offence.

Maximum penalty: $10 000 or 2 years imprisonment

[s 17(1) Bail Act 1985 (SA)]

However the penalty imposed must not be more than the maximum penalty that can be imposed for the offence for which the person is charged. For example, the person may be charged with disorderly conduct under section 7 of the Summary Offences Act 1953 (SA), which carries a maximum penalty of $1 250 or 3 months imprisonment, then the maximum penalty that can be imposed for a breach of bail in relation to this offence is $1 250 or 3 months imprisonment [s 17(2) Bail Act 1985 (SA)].

The penalty for a breach of bail is in addition to any penalty for the original offence and any order for the forfeiture of an amount of money that may have been specified in the bail agreement [s 17(3) Bail Act 1985 (SA)].

When a bail agreement has been breached, an order for forfeiture can be made whether or not the person in breach of bail is charged with a bail offence [s 19(1)]. An order for forfeiture may also be made against a guarantor in respect of any amount of money specified in the guarantee [s19(1)]. These orders for forfeiture are known as estreatment orders.

A person against whom an estreatment order has been made may apply to the court for the reduction of the amount or for the order to be rescinded [s 19(3)].

Enforcement of bail agreement  :  Last Revised: Tue Oct 7th 2014
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.