New law review into SA’s Bail Act

SALRI’s new wide-ranging review of the operation of the Bail Act 1985 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.

“South Australia’s 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,” explains Jemma Holt, SALRI Lead Researcher on the project.

“Determining 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.

“Current 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.”

Currently in South Australia, bail can be granted by police or by the court. Police bail is usually granted after arrest, while court bail can be applied for if police bail is refused or if other circumstances exist. 

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.   

“The terms of reference raise several key issues and competing interests that will need to be carefully considered. SALRI will carefully and objectively look at the various issues and implications associated with bail,” says Professor Williams.

SALRI Deputy Director, Associate Professor David Plater, highlighted the importance of SALRI's active and inclusive consultation. 

“This project will involve considerable research and engagement with a wide range of views and perspectives, including with regional and Indigenous communities. It will be important that all voices are able to be heard in this project,” says Associate Professor Plater.

The review is commissioned by the Attorney-General with the report to be published in 2026. SALRI expects to commence the project shortly with public consultation projected to take place later in 2025.

Further information about SALRI can be found here.