When a person is charged with an offence by the police, they can ask the police (or a court) to release them on bail.

Being granted bail means the defendant is allowed to stay in the community while their matter is still waiting to be finalised by a Court.

Types of bail

There are different types of bail that can be granted.

  • Police Bail is granted by the police and usually occurs after an arrest has been made and the accused person is eligible. If the police don’t agree to give the defendant bail, the defendant can ask the Court to give them bail.
  • Court Ordered Bail may be ordered by any court in South Australia (Supreme Court, District Court, Magistrates Court and the Youth Court). It involves the accused person signing a bail agreement. This means they agree to be present at their court hearings and to comply with any conditions.