Bail Act 1985 (SA)

South Australia

Bail Act 1985

An Act to regulate the granting of bail.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Bail Act 1985.

1. (1)

   In this Act, unless the contrary intention appears—

ammunition has the same meaning as in the Firearms Act 2015;

bail authority means a court or person constituted as a bail authority by or under section 5;

case manager means a person responsible for supervision of a person's participation in an intervention program;

Chief Executive Officer has the same meaning as in the Correctional Services Act 1982;

child means a person who was, on the day on which an offence was allegedly committed by that person, under the age of 18 years;

Commonwealth Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth, or a law of the Commonwealth that replaces that Code;

community corrections officer means—

1. (a)

   in relation to a child—an officer or employee of an administrative unit of the Public Service whose duties include the supervision of young offenders in the community;

2. (b)

   in any other case—an officer or employee of an administrative unit of the Public Service whose duties include the supervision of adult offenders in the community;

designated police facility has the same meaning as in section 78 of the Summary Offences Act 1953;

eligible person means a person who is eligible to apply for release on bail under section 4;

financial condition, in relation to bail, means a condition requiring an applicant for bail to provide security or obtain guarantees, or requiring a guarantor to provide security; and non-financial condition has a correlative meaning;

firearm has the same meaning as in the Firearms Act 2015;

guarantee means an agreement under section 7;

guarantor means a person who enters into a guarantee;

guardian, in relation to a child, means a parent of the child and any person who is the legal guardian of the child or who has the immediate custody and control of the child;

intervention program means a program that provides—

1. (a)

   supervised treatment; or

2. (b)

   supervised rehabilitation; or

3. (c)

   supervised behaviour management; or

4. (d)

   supervised access to support services; or

5. (e)

   a combination of any one or more of the above,

designed to address behavioural problems (including problem gambling), substance abuse or mental impairment;

intervention program manager means a person employed by the South Australian Courts Administration Authority to have general oversight of intervention programs and coordinate the implementation of relevant court orders (and includes a delegate of such a person);

officer in charge, in relation to a police station, means the police officer for the time being in charge of the police station;

responsible officer, in relation to a police station, means—

1. (a)

   the officer in charge of the police station; or

2. (b)

   if a police officer has, for the time being, been…