South Australian Current Acts

BAIL ACT 1985 - SECT 19

19—Estreatment

        (1)         If a person who has been released under a bail agreement contravenes or fails to comply with a term or condition of the agreement—

            (a)         the court before which that person is bound to appear; or

            (b)         the Magistrates Court,

may, on the application of the Crown or on its own initiative, order that a pecuniary forfeiture stipulated in a bail agreement or a guarantee be carried into effect.

        (2)         An order for pecuniary forfeiture under subsection (1) may provide that the order is not to be carried into effect until a subsequent day to be fixed by the court making the order.

        (3)         If a court makes an order under this section, the court may at any time for any sufficient reason, on the application of the person in relation to whom the order is made or on its own initiative—

            (a)         reduce the amount of the forfeiture as stipulated in the bail agreement or guarantee; or

            (b)         rescind its order.

        (3a)         A court that makes an order under this section may allow time for payment of the amount forfeited and, if appropriate, direct that the amount be paid in instalments.

        (4)         The amount of a pecuniary forfeiture that is carried into effect pursuant to an order under this section may be recovered as a fine.