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House of Assembly - Fifty-Second Parliament, First Session (52-1)
2010-11-09 Daily Xml
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BAIL PROCESSES

The Hon. J.R. RAU (Enfield—Attorney-General, Minister for Justice, Minister for Tourism) (14:21): I seek leave to make a ministerial statement.

Leave granted.

The Hon. J.R. RAU: Thank you, Madam Speaker.

The Hon. K.O. Foley interjecting:

The SPEAKER: Order, Treasurer!

The Hon. J.R. RAU: This government is taking decisive action to provide South Australia with a new, smarter bail process from next year. I can inform the house that cabinet has approved the preparation of amendments to the Bail Act 1985 and the Summary Offences Act 1953 to achieve greater efficiencies in the way police—

Ms Chapman interjecting:

The SPEAKER: Order, member for Bragg!

The Hon. J.R. RAU: She will be able to read it in due course, Madam Speaker, so I suppose she doesn't mind. As I was saying, we will be preparing amendments to the Bail Act 1985 and the Summary Offences Act 1953 to achieve greater efficiencies in the way in which police and the courts deal with minor offenders. By streamlining the bail process we can reduce delays and free up valuable court time presently occupied—

Ms Chapman interjecting:

The SPEAKER: Order, member for Bragg!

The Hon. J.R. RAU: —on bail matters, while ensuring that police can spend more time on the beat. Importantly, this will avoid the unnecessary detention of people to whom police intend to grant bail. For example, allowing police to grant bail at the scene of an arrest would allow them to return to their duties more quickly, which is a better use of their time and will increase the police presence on our streets.

I intend to consult the judiciary, the legal profession, South Australia Police, the Courts Administration Authority, the Police Association, the Director of Public Prosecutions, the Department for Correctional Services and the Department for Families and Communities on these proposals with a view to introducing amendments to the parliament next year. The proposed amendments aim to:

allow police to grant bail at the scene of the arrest or at the nearest police station, or hospital or treatment centre in appropriate cases;

allow courts to vary some conditions of bail if the changes are by consent and do not substantially change the bailed person's obligations;

remove some unnecessary and time-consuming steps in the police process for arranging for a magistrate to review bail over the telephone;

allow the time within which a bailed person may be released to be extended where there is a weekend or public holiday preventing a bail authority accessing the necessary information; and

achieve a consistent outcome for breaches of bail by requiring courts not only to cancel a person's liberty but also to revoke the bail agreement.

These amendments to the bail process will free up police and court resources to tackle those serious offenders who are not granted bail.

The journey of a thousand miles begins with a single step, and this government has taken a further step in a clear direction. This government is determined to free up valuable court time.

Members interjecting:

The SPEAKER: Order!

The Hon. J.R. RAU: Other measures to be announced during the coming months will demonstrate this government means business in tackling unacceptable court delays.

Members interjecting:

The SPEAKER: Order!

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