New law review into SA鈥檚 Bail Act
The Bail Act听is the focus of the latest review by legal experts from the South Australian Law Reform Institute (SALRI), an independent law reform body based at the 黑料社区 Law School at the University of 黑料社区.
SALRI team the Hon Geoff Muecke, researcher Jemma Holt, Professor John Williams, and Associate Professor David Plater.
SALRI鈥檚 new wide-ranging review of the operation of the听Bail Act 1985听will assess its practical operation and role in the criminal justice system. It will examine if it is balancing the rights of an accused with the safety of the community. SALRI will not be looking at the age of criminal responsibility as part of this review.
鈥淪outh Australia鈥檚 bail laws determine when and under what conditions an individual, who has been charged with a criminal offence, may be released from custody while awaiting trial,鈥 explains Jemma Holt, SALRI Lead Researcher on the project.
鈥淒etermining whether an individual is to remain in custody or whether they are to be released on bail, and under what conditions, involves a complex balancing exercise of factors in any given case.
鈥淐urrent laws in South Australia stipulate what factors are relevant to the granting of bail and, in some cases, impose a presumption for or against bail.鈥
Currently in South Australia, bail can be granted by police or by the court.听Police bail is usually granted after arrest, while court bail can be applied for if police bail is refused or if other circumstances exist.听
When an alleged offender is granted bail, they are released from police custody and are able to stay in the community while their case is pending; however, they must follow specific conditions where bail can be taken away if the accused person does not follow the rules.
SALRI Director, Professor John Williams, said that SALRI looks forward to undertaking this important project. 听听
鈥淭he听terms of reference raise several key issues and competing interests that will need to be听carefully considered. SALRI will carefully and objectively look at the various issues and implications associated with bail,鈥 says Professor Williams.
SALRI Deputy Director, Associate Professor David Plater, highlighted the importance of SALRI's active and inclusive consultation.听
鈥淭his project will involve considerable research and engagement with a wide range of听views and perspectives, including with regional and Indigenous communities. It will be important that all voices are able to be heard in this project,鈥 says Associate Professor Plater.
The review is commissioned by the Attorney-General with the report to be published in 2026. SALRI expects听to commence the project shortly with public consultation projected to take place later in 2025.
Further information about SALRI can be found听.
Media contacts:
Associate Professor David Plater,听Deputy Director, SA Law Reform Institute, The University of 黑料社区. 贰尘补颈濒:听david.plater@adelaide.edu.au听
Jemma Holt,听Researcher, SA Law Reform Institute, The University of 黑料社区. 贰尘补颈濒:听jemma.holt@adelaide.edu.au听听
Lara Pacillo, Media Officer, The University of 黑料社区.听Phone:听8313 4465. Email: lara.pacillo@adelaide.edu.au
听