Bail (Forms) Amendment Regulations 2022 (SA)
South Australia
Bail (Forms) Amendment Regulations 2022
under the Bail Act 1985
Contents
Part 1—Preliminary
1 Short title
2 Commencement
Part 2—Amendment of Bail Regulations 2015
3 Substitution of regulation 4
4 Forms
4 Amendment of Schedule 1—Forms
Part 1—Preliminary
1—Short title
These regulations may be cited as the Bail (Forms) Amendment Regulations 2022.
2—Commencement
These regulations come into operation on 29 August 2022.
Part 2—Amendment of Bail Regulations 2015
3—Substitution of regulation 4
Regulation 4—delete the regulation and substitute:
4—Forms
(1)If the bail authority is a court, the form prescribed for the purposes of a particular provision of the Act is the relevant form set out in the Joint Criminal Rules 2022.
(2)If the bail authority is not a court, the form prescribed for the purposes of a particular provision of the Act is the relevant form set out in Schedule 1.
(3)A form set out in Schedule 1 must contain the information required by, and be completed in accordance with, the instructions contained in the form.
4—Amendment of Schedule 1—Forms
Schedule 1—delete:
Form 6 Application for review of bail by magistrate
Schedule 1, Form 1—delete Form 1 and substitute:
Form 1—Application for release on bail
Bail Act 1985
(section 8(1))
Application for release on bail
I, [Insert full name] (the applicant) apply for bail.
Date of birth of applicant:
Signature of applicant:
Date of application:
Time of application:
Decision of bail authority
Tick appropriate box
☐ Bail refused (The bail authority must make a written record of the reasons for its decision)
☐ Bail granted (Form 4 Bail Agreement must be completed)
Bail Authority:
•If the bail authority is a police officer—the police officer's surname, rank and police identification number:
•If the bail authority is not a police officer—the full name of the bail authority:
Bail authority's signature:
Date:
Time:
Schedule 1, Forms 3 to 5—delete Forms 3 to 5 (inclusive) and substitute:
Form 3—Grant of bail
Bail Act 1985
[Insert full name] (the person) has been granted bail subject to the conditions listed below and stipulated in the bail agreement (see Form 4).
Conditions of bail1-4
[Insert bail conditions]
Bail Authority:
•If the bail authority is a police officer—the police officer's surname, rank and police identification number:
•If the bail authority is not a police officer—the full name of the bail authority:
Signature of bail authority:
Date:
Time:
Notes—
1Section 11(1a) of the Act provides that a bail authority may only vary or revoke the conditions of a grant of bail under section 11(1) of the Act if the bail authority is satisfied that—
(a)there are cogent reasons for doing so; and
(b)the possession of a firearm, ammunition or part of a firearm by the person to whom the bail agreement relates does not represent an undue risk to the safety of the public.
If a bail authority varies or revokes a condition imposed by section 11(1) of the Act, the bail authority must make a written record of the reasons for its decision.
2Section 11(2ab) of the Act provides that if the person is a class 1 or class 2 offence suspect (within the meaning of the Child Sex Offenders Registration Act 2006), any grant of bail to the applicant must, subject to that section, be made subject to the following conditions:
(a)a condition that the applicant agrees not to engage in child-related work;
(b)a condition that the applicant agrees not to apply for child-related work.
A bail authority may only vary or revoke these conditions if satisfied that there are cogent reasons for doing so and the person engaging in child‑related work will not pose a risk to the safety and well‑being of children.
If a bail authority varies or revokes a condition imposed by section 11(2ab) of the Act, the bail authority must make a written record of the reasons for its decision.
Details of guarantor(s)
Name in full:
Address:
Form 4—Bail agreement
Bail Act 1985
(section 6(2))
Part A
I, [insert full name] of [insert address] being charged with/convicted of/* the following offences [insert offences]:
Agree to be present at [insert name of court] at [insert time] on [insert date], or at any other time when called on and, subject to any direction in this agreement to the contrary, to be present throughout all proceedings relating to this matter until the matter is disposed of.
Directions as to attendance at proceedings [insert]
I agree to comply with all of the conditions of bail listed in this agreement.
I understand that if I do not appear when required, or if I fail to comply with a condition of bail—
•I may be arrested with or without a warrant; and
•I may have to pay any money that I have agreed to pay to the Crown if I breach this agreement; and
•I may be convicted of an offence against the Bail Act 1985 and liable to a maximum penalty of a fine of $10 000 or 2 years imprisonment.
Conditions of bail1-7
[Insert bail conditions]
Signature of person entering agreement:
Date:
Time:
Witnessed by authorised person8:
Signed:
Title, rank or other authorisation:
Date:
Time:
*Strike out whichever does not apply.
Notes—
1Section 11(6) of the Act provides that it is a condition of every bail agreement that the person released under the agreement will not leave the State for any reason—
•if the person is under the supervision of an officer of a government department—without the permission of the Chief Executive Officer of the department;
•in any other case—without the permission of a judge or magistrate, or police officer who is of or above the rank of sergeant or the responsible officer for a police station.
2Section 11(1)(a) of the Act provides that it is a condition of every grant of bail that an applicant is prohibited from possessing a firearm, ammunition or any part of a firearm.
3Section 11(1)(b) of the Act provides that it is a condition of every grant of bail that the applicant submit to such tests (including testing without notice) for gunshot residue as may be reasonably required by the bail authority, or a person or class of persons or body specified by the bail authority.
4Section 11(1a) of the Act provides that a bail authority may only vary or revoke the conditions of a grant of bail under section 11(1) of the Act if the bail authority is satisfied that—
•there are cogent reasons for doing so; and
•the possession of a firearm, ammunition or part of a firearm by the person to whom the bail agreement relates does not represent an undue risk to the safety of the public.
If a bail authority varies or revokes a condition imposed by section 11(1) of the Act, the bail authority must make a written record of the reasons for its decision.
5Section 11(2ab) of the Act provides that if the person is a class 1 or class 2 offence suspect (within the meaning of the Child Sex Offenders Registration Act 2006), any grant of bail to the applicant must, subject to that section, be made subject to the following conditions:
(a)a condition that the applicant agrees not to engage in child-related work;
(b)a condition that the applicant agrees not to apply for child-related work.
A bail authority may only vary or revoke these conditions if satisfied that there are cogent reasons for doing so and the person engaging in child‑related work will not pose a risk to the safety and well‑being of children.
If a bail authority varies or revokes a condition imposed by section 11(2ab) of the Act, the bail authority must make a written record of the reasons for its decision.
6The authorised person may be the bail authority, a person or person of a class specified by the bail authority, a justice, a police officer who is of or above the rank of sergeant or the responsible officer for a police station or, if the person is in prison, the person in charge of the prison.
Part B: To be completed by bail authority if a condition of bail is altered
Date:
Bail Authority:
•If the bail authority is a police officer—the police officer's surname, rank and police identification number:
•If the bail authority is not a police officer—the full name of the bail authority:
Details of new condition:
Signature of bail authority:
Signature of person granted bail:
Signature of guarantor:
Schedule 1, Form 6—delete the form
Schedule 1, Forms 7 and 8—delete Forms 7 and 8 and substitute:
Form 7—Application to vary conditions of bail agreement or to revoke bail agreement
Bail Act 1985
(section 6(4))
[Insert full name of person released on bail] of [insert address] is charged with/has been convicted of* [insert offence(s)] and was granted bail on [insert date].
I, [insert name of applicant] of [insert address] apply to [insert name of bail authority] at [insert location] to—
*vary the condition s of the bail agreement
*revoke the bail agreement
I make this application on the following grounds: [insert grounds]
Applicant's signature:
Date:
*Strike out whichever does not apply.
Form 8—Application to vary terms of guarantee of bail or to revoke guarantee of bail
Bail Act 1985
(section 7(4))
[Insert full name of person released on bail] of [insert address] is charged with/has been convicted of* [insert offence(s)] and was granted bail on [insert date].
I, [insert name of guarantor] of [insert address] apply to [insert name of bail authority] at [insert location] to—
*vary the terms on my guarantee of bail
*revoke my guarantee of bail
I make this application on the following grounds:
Guarantor's signature:
Date:
*Strike out whichever does not apply.
Editorial note—
As required by section 10AA(2) of the Legislative Instruments Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 25 August 2022
No 70 of 2022
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