Bail Conditions

The Hon. N.J. CENTOFANTI (Leader of the Opposition) (14:28): I seek leave to make a brief explanation before asking a question of the Attorney-General about bail conditions.

Leave granted.

The Hon. N.J. CENTOFANTI:The Advertiser reported on Saturday 2 November about an alleged street gang fight on that Thursday evening in Rundle Mall. According to the article, three teens were arrested and charged, one being a 14-year-old boy, who was allegedly caught with a machete. He was charged with carrying an offensive weapon and I understand granted police bail on the condition that he does not contact any of the others charged over the incident, and he will be attending court on 18 December. While bail conditions are generally judicial or police decisions, systemic accountability and policy oversight relating to the provision of bail are firmly within the Attorney's remit. My questions to the Attorney are:

1. What accountability mechanisms are in place to address situations where a bail decision, as in this case, may not align with public safety expectations?

2. In cases like that reported in The Advertiser about the street gang fight on 2 September, what role does the Attorney have in advising or overseeing decisions that have significant potential implications for community safety?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (14:29): I thank the honourable member for her question. In some circumstances, bail decisions may be able to be appealed or looked at. In terms of bail decisions that are made, two types of bail are granted, as the honourable member has pointed out. Police bail is where upon someone's arrest police make a decision about whether, effectively, to grant police bail for that defendant then to appear in court at a time in the future, or to remand that person in custody, in which case very quickly, often the next day, a formal bail hearing will be heard and then it will be court bail.

In terms of overseeing what police or the courts do in relation to bail on a day-to-day basis, I haven't, nor should I have, any role in making those decisions. There is a very fundamental separation of powers between what the judiciary do and what we do as an executive government and what we do as a legislature.

In relation to those day-to-day decisions about granting bail or not, about whether any appeal should be taken on any decisions at all that are made in the judicial system, that is a matter for those prosecuting or police authorities to make those decisions. As the honourable member has pointed out, the overarching policy framework as to what considerations apply to be taken into account for a bail authority to make rest with us collectively as a parliament.

Certainly, we have made a number of decisions in this term of parliament in relation to bail and potential bail conditions. Someone who violently breaches a domestic violence intervention order, for example, is a class of offending that we as a parliament recently have made decisions about in terms of what should happen in relation to bail, presumptions for or against bail and then conditions to be placed on bail.

As I think we have demonstrated by having made a number of different decisions about how bail is granted, presumptions for or against bail, in this term and previous terms of parliament, we are always open to looking at ways to address community safety, and we are open to continuing to do so.