Supreme Court Bail Review
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Supreme Court Bail Review Lawyers
What the Review Is
If a magistrate has denied your bail or imposed unfair conditions, you may have the right to apply for a Supreme Court bail review under section 15A of the Bail Act 1985 (SA).
A Supreme Court bail review allows a judge to reconsider the decision made by a magistrate to grant or refuse bail, ensuring that any legal or factual errors are corrected.
Who Can Apply for a Supreme Court Bail Review?
A review can be requested by:
- The accused (person applying for bail).
- The Crown (if they oppose a magistrate’s bail decision).
- A guardian (if the accused is a child).
Why you Need Legal Advice
If you or a loved one has been refused bail, you need urgent legal representation to apply for a Supreme Court bail review. A successful application can mean avoiding unnecessary time in custody.
Call Stanley & Co Lawyers today on 08 7001 6135 for a complimentary 30-minute consultation with an experienced Criminal Defence Lawyer.
Helpful Questions & Answers
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What the Court Considers in a Bail Review
The Supreme Court will assess:
- Whether an error of law or fact was made by the magistrate.
- The strength of the prosecution’s case and the seriousness of the charge.
- The accused’s risk of reoffending or failing to appear in court.
- New evidence or changed circumstances that may justify bail.
The burden of proof is on the accused to show that bail should be granted or conditions should be varied.
The Relevant Court
- The Supreme Court of South Australia conducts all bail reviews.
- The matter is usually heard before a single judge, but in complex cases, a full court may be involved.
Possible Outcomes of a Bail Review
The Supreme Court can:
- Grant bail (overturning the magistrate’s decision).
- Vary bail conditions (adjusting reporting, residence, or other restrictions).
- Deny bail (upholding the previous decision).
What are the Specific Legal Considerations
Under section 16 of the Bail Act 1985 (SA), if the Crown applies for a review after bail has been granted, the accused’s release can be delayed for up to 72 hours while the review is heard.
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Combined Years Of Experience
