South Australian Consolidated Acts South Australian Consolidated Acts10A—Presumption against bail in certain cases
(1) Despite
section 10, bail is not to be granted to a prescribed applicant unless
the applicant establishes the existence of special circumstances justifying
the applicant's release on bail.
(2) In this
section—
"prescribed applicant" means—
(a) an
applicant taken into custody in relation to any of the following offences if
committed, or allegedly committed, by the applicant in the course of
attempting to escape pursuit by a police officer or attempting to entice a
police officer to engage in a pursuit:
(i)
an offence against section 13 of the Criminal Law
Consolidation Act 1935 in which the victim's death was caused by the
applicant's use of a motor vehicle;
(ii)
an offence against section 19A of the Criminal Law
Consolidation Act 1935 ;
(iii)
an offence against section 29 of the Criminal Law
Consolidation Act 1935 if the act or omission constituting the offence
was done or made by the applicant in the course of the applicant's use of a
motor vehicle; or
(b) an
applicant taken into custody in relation to an offence against section 17
where there is alleged to have been a contravention of, or failure to comply
with, a condition of a bail agreement imposed under section 11(2)(a)(ii);
or
(ba) an
applicant taken into custody in relation to an offence against section 31
of the Intervention Orders (Prevention of Abuse) Act 2009 if the act or
omission alleged to constitute the offence involved physical violence or a
threat of physical violence; or
(c) an
applicant taken into custody in relation to an offence of contravening or
failing to comply with a control order or public safety order issued under the
Serious and Organised Crime (Control) Act 2008 ; or
(d) an
applicant taken into custody in relation to an offence against any of the
following provisions of the Criminal Law Consolidation Act 1935 :
(i)
section 172;
(ii)
section 248;
(iii)
section 250;
(iv)
section 85B.