Legislative Council: Tuesday, May 02, 2023


SA Courts System Delays

In reply to the Hon. F. PANGALLO ().7 March 2023).

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector): I have not been advised of any increase in the number of defendants on remand awaiting trial applying for bail, since the Supreme Court decision was delivered.

Bail authorities (including courts and police officers of certain seniority) are well placed to properly consider the relevant factors in determining whether a defendant should be granted bail. The exercise of this discretion will be made especially carefully in the case of prescribed applicants, for whom the presumption in favour of bail has been displaced under the Bail Act 1985.

If South Australia Police or the Director of Public Prosecutions is especially concerned about a particular defendant being granted bail, then there is an avenue to review that decision to the Supreme Court.