Bail Conditions (SA)
When a person is charged with a criminal offence, they may be released on bail or remanded in custody until the matter is finalised. When a person is granted bail, this means that they may live in the community but must abide by conditions. This article deals with bail conditions in South Australia.
What are bail conditions?
Bail exists because of the principal that an accused person is presumed innocent until they are proven guilty. When the police or a court are considering whether to grant bail, they must weigh up the risks involved in releasing the person with the principle that the accused is entitled to a presumption of innocence.
There are three standard bail conditions that apply to every person who is granted bail in South Australia. There are also mandatory conditions that must be imposed on all persons bailed in relation to specific offence.
If a bail authority has concerns about releasing a person on bail, these concerns may be allayed by imposing additional bail conditions. The nature of these conditions will depend on the concerns.
A person who breaches their bail conditions commits an offence.
Main bail conditions
All persons who are granted bail in South Australia are subject to the following conditions:
- To attend court when required to answer the charges
- Not to commit a further offence punishable by imprisonment
- Not to possess firearms, ammunition or parts of firearms
Further bail conditions
Under section 11 of the Bail Act 1985, the following bail conditions may also be imposed:
- To reside at a specified address
- Not to leave home except for specified purposes
- To be supervised by Community Corrections and obey their lawful directions
- To report to the local police at specified times
- To surrender their passport
- To comply with conditions regarding their conduct
- That the person be fitted with an electronic monitoring device
- That a person provide the court with a written guarantee or assurance that they are confident that the accused with comply with their bail conditions
- That the person agree to forfeit a sum of money if they breach their bail conditions
- That the person obtain specified guarantees.
Serious organised crime suspects
If the person applying for bail is a serious organised crime suspect, the following conditions must be imposed:
- That they live at a specified address and not leave except for specified purposes
- That they be subject to electronic monitoring
- That they do not communicate with anyone other than specified persons
- That specified devices in their possession are only used for communication purposes.
Class 1 and Class 2 suspects
If a person is granted bail in related to a Class 1 or Class 2 offence, the following conditions may be imposed:
- That they do not engage in child-related work
- That they do not apply for child-related work
Schedule 1 of the Child Sex Offenders Registration Act 2006 sets out the offences that are Class 1 and Class 2 offences.
Class 1 offences include murder of a child (where the offence occurred in connection with a sexual offence) child rape, other sexual offences against children and endangering the life of a child.
Class 2 offences include manslaughter of a child (where the offence occurred in connection with a sexual offence) and causing serious harm to a child.
Breach of DVO involving violence
In 2024, the Bail Act 1985 was amended in respect of persons charged with breaches of intervention orders involving violence.
As the Act now stands, when an adult is seeking bail in relation to a breach of an intervention order and the alleged breach involves violence, the following conditions must be imposed:
- To reside at a specified address and not leave except for specified purposes
- That the person be subject to electronic monitoring.
This amendment has been criticised for several reasons. Firstly, as electronic monitoring is not available in remote communities, this amendment means that persons who live remotely will have to be remanded in situations where a person living in the city would be granted bail.
The change has also been condemned as likely to increase the incarceration rate, and the number of non-sentenced prisoners, particularly among Indigenous men. Indigenous men are already incarcerated at a disproportionate rate.
The change was made in an attempt to offer better protections to victims of repeat family violence.
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