South Australian Consolidated Acts South Australian Consolidated Acts (1) Subject to this
section, where—
(a) an
application for release on bail is made to a member of the police force or a
court constituted of justices; and
(b) the
applicant is dissatisfied with the decision made on the application; and
(c)
there is no magistrate in the vicinity immediately available to review the
decision,
the member of the police force or the justices who made the decision must, on
the written application of the applicant or, where the applicant is a child,
on the written application of the child or a guardian of the child, contact a
magistrate by telephone for the purpose of having the decision reviewed.
(2) Where a magistrate
is contacted under subsection (1), the following provisions apply:
(a) the
magistrate must make such inquiries as the magistrate thinks necessary to
satisfy himself or herself of the genuineness of the application for review;
and
(b) the
member of the police force or justices who made the decision must explain to
the magistrate—
(i)
the circumstances of the application for bail; and
(ii)
the nature of the decision made on the application; and
(iii)
the reasons for that decision; and
(c) the
magistrate must then speak with the person who applied for the bail or any
legal practitioner representing or assisting that person, and any other person
who may be present and who may, in the opinion of the magistrate, assist in
explaining the circumstances of the particular case, for the purpose of
ensuring that the magistrate is fully informed—
(i)
of the grounds and circumstances of the application for
bail; and
(ii)
of the reasons for the applicant's dissatisfaction with
the decision taken on the application; and
(iii)
where the applicant is a child—of the circumstances
of the child; and
(d) if
the decision that is the subject of the review was made by justices—the
magistrate must then speak with the member of the police force who appeared
before the justices and opposed the application for bail (if he or she is
present and wishes to speak in relation to the application for review); and
(e) the
magistrate must then advise the member of the police force or justices who
made the original decision of the decision on review, and bail must then be
granted or refused in accordance with that decision.
(3) This section does
not apply in relation to a decision made on application to a member of the
police force upon arrest where the arrested person (not being a child) can be
brought before the Magistrates Court constituted of a magistrate not later
than 4 p.m. on the next day following the day of arrest.