Bail is an agreement with Police and the Court that you will do (and not do) certain things.  Bail agreements can include a range of conditions, like: 

1. To live at a certain address; 
2. Not to leave the state of South Australia; 
3. Not to contact specified people; 
4. Not to go to certain places; 
5. To undergo drug and alcohol testing; 
6. Not to possess firearms or parts of firearms;  
7. To be electronically monitored; 
8. … and many others  

If you are arrested in South Australia, you are entitled to apply to the bail sergeant for bail. In  the first instance, the bail sergeant is a member of South Australia Police. They make a  decision as to whether you will be released on police bail.  

If you are released on police bail, you will be offered a bail agreement to sign; this agreement  includes all conditions of bail, and your Court date and location.  

If you are refused police bail, the bail sergeant must file a form identifying the reasons why  you have been refused police bail. The matter then appears before the Magistrates Court  before 4pm the next Court sitting day.  

Appearing before the Magistrates Court, you may then make an application to the  Magistrate for bail. This usually includes instructing a lawyer and having them make an  application for bail on your behalf. In determining whether to grant bail, the Magistrate usually  considers factors such as: the strength of the prosecution case, your criminal history, your  personal circumstances, whether you have the presumption of bail in your favour, and other  relevant matters.  

If the Court grants you bail, you will be offered a bail agreement to sign; this agreement  includes all conditions of bail. 

If you are refused bail by police and / or the Magistrate, you will remain in custody. This can  be for an extended period of time whilst your matter progresses through the Court system.  

If you are granted bail and refuse to sign the bail agreement, the ail agreement will not come  into effect and you will remain in custody.  

Attached to most bail agreements is a monetary amount, for example $500. You are not  usually required to pay this amount up front to be released on bail, rather it is a monetary  incentive for your compliance with all bail conditions.  

If you breach any condition of your bail agreement, you can be charged with failing to  comply, and have your bail revoked (meaning that you will be taken into custody). You may  also have the bail amount (for example the $500) ‘estreated’ meaning that you have to pay  the amount.  

Your bail can also be varied if required. This is assessed by the bail authority (usually the  Court) on a case-by-case basis and can relate to things like: change in address, travel  outside of South Australia, and other changes as necessary.