South Australian Numbered Acts

STATUTES AMENDMENT (VEHICLE AND VESSEL OFFENCES) ACT 2005 (NO 81 OF 2005) - SECT 13

13—Insertion of section 10A

After section 10 insert:

10A—Presumption against bail in certain cases

        (1)         Despite section 10, bail is not to be granted to a prescribed applicant unless the applicant establishes the existence of special circumstances justifying the applicant's release on bail.

        (2)         In this section—

"prescribed applicant" means an applicant taken into custody in relation to any of the following offences if committed, or allegedly committed, by the applicant in the course of attempting to escape pursuit by a police officer or attempting to entice a police officer to engage in a pursuit:

            (a)         an offence against section 13 of the Criminal Law Consolidation Act 1935 in which the victim's death was caused by the applicant's use of a motor vehicle; or

            (b)         an offence against section 19A of the Criminal Law Consolidation Act 1935 ; or

            (c)         an offence against section 29 of the Criminal Law Consolidation Act 1935 if the act or omission constituting the offence was done or made by the applicant in the course of the applicant's use of a motor vehicle.