The court will decide:
- if the accused should be granted Court Bail to appear at court at a later date
- if the accused should be remanded in custody and taken to prison until the court case is heard, or
- if the accused is to be held in custody while further information is gathered – enabling the court to make an informed decision about the bail application.
Court Bail covers the period from the first court appearance through to subsequent appearances and the verdict, until a sentence is passed.
More information about Court Bail in South Australia.
Bail will have conditions set by the court. Every bail agreement has the following conditions.
- the person must not leave the state without permission from the court
- they are prohibited from possessing a firearm or ammunition, and
- that they submit to gunshot residue testing as reasonably required.
These conditions can be varied by the court if here is sufficient reason and an there is no undue risk to public safety.
The court can impose further conditions which could include:
- conditions for the protection of a victim
- a guarantor – who will be responsible for the defendants following the courts conditions
- a promise that the defendant will pay a set amount of money to the court if they fail to appear or breach the conditions this is known as a cash surety, or
- that the bailee may be subject to DCS supervision.
The court can also impose conditions that require the bailee to be monitored by, and under the supervision of, Community Corrections. All imposed conditions are written into the bail agreement with help being provided to ensure that these conditions are understood.