Bail Act 1982 (WA)

Western Australia Bail Act 1982 Western Australia Bail Act 1982 Contents Part I — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Application of this Act 1 4AB. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 1 4A. Accused appearing on summons or court hearing notice, detention and bail of 1 Part II — Rights of accused in relation to bail 5. Accused's rights to have bail considered 1 6. Arresting officer's duty to consider bail 1 6A. Officials considering bail may order release without bail 1 7. Court to consider bail for unconvicted accused 1 7A. Bail may be dispensed with by court 1 7B. Adult accused of murder 1 7C. Child accused of murder 1 7D. Bail after initial decision by court, court's duty as to 1 7E. Bail refused for trial, court's duty during trial 1 7F. Appeal from court of summary jurisdiction, bail in case of 1 8. Accused to be given information, approved forms etc. 1 9. Bail decision may be deferred until more information obtained 1 10. Sections 5, 6 and 7 do not apply if accused imprisoned for other cause 1 11. Accused's rights following grant of bail 1 12. Rights in s. 7A(2) and 11, limitations on 1 Part III — Jurisdiction relating to bail 13. Jurisdiction to grant bail and exercise of jurisdiction 1 13A. Jurisdiction in s. 7A to dispense with bail, who has and exercise of 1 13B. Notices under s. 13A(3), service and proof of 1 14. Judges, jurisdiction of 1 15. Accused charged with murder, jurisdiction as to bail for 1 15A. Appeal against judge's decision on bail, commencement and conduct 1 15B. Appeal under s. 15A, determination 1 16. Person arrested on warrant, bail of 1 16A. Person arrested in urban area, restrictions on who can grant bail for in some cases 1 16B. Person linked to terrorism 1 17. Conditions on bail which may be imposed 1 17AA. Conditions on bail that must be imposed 1 17A. Child on bail, changing responsible person for (Sch. 1 Pt. C cl. 2) 1 Part IV — Hearing of case for bail, parties, and evidence 20. Bail hearing for indictable offence, court may restrict publication or hold in private 1 21. Parties to bail proceedings 1 22. Evidence at bail hearings 1 23. Accused not bound to supply information 1 24. Court or authorised officer may ask police to verify accused's information or make report 1 24A. Court may ask community corrections officer to verify accused's information or make report 1 24B. Court may ask community corrections officer to make list of conditions for electronic monitoring condition 1 25. Information given by accused for bail purposes not admissible at trial 1 26. Record of bail decision and reasons 1 27. Relevant papers to be made available to court where accused to appear 1 27A. Papers to be sent to CEO (corrections) in case of bail with home detention condition or electronic monitoring condition 1 Part V — Bail undertakings 28. Nature of bail undertaking and when required 1 29. Before whom bail undertaking may be entered into 1 30. Duties of person before whom bail undertaking is entered into 1 31. Different time and place for appearance, substituting 1 31A. Amending conditions on bail during trial 1 32. Notices under s. 31, service and proof of 1 33. Judicial officer may order accused to enter into bail undertaking 1 34. When bail undertaking ceases to have effect 1 Part VI — Sureties and surety undertakings 35. Surety and surety undertaking 1 36. Sureties, who may approve 1 37. Proposed surety to receive certain information and form 1 38. Persons disqualified from being sureties 1 39. Matters to be regarded when approving sureties 1 40. Decision on application by proposed surety 1 41. Finality of decision to refuse approval of surety 1 42. Before whom surety undertaking may be entered into 1 43. Duties of person before whom surety undertaking is entered into 1 43A. Entering into surety undertaking where proposed surety interstate M 1 44. When surety undertaking extends to different time or different time and place substituted under s. 31 1 45. Notices under s. 44, service and proof of 1 46. Surety's power to arrest accused 1 47. When surety undertaking ceases to have effect 1 48. Surety may apply for cancellation of his undertaking 1 49. Surety's undertaking to pay money, enforcing 1 50. Indemnifying surety, offence 1 Part VIA — Administration of home detention conditions 50A. Application of Part 1 50C. Powers and duties of community corrections officers 1 50D. Powers of members of Police Force 1 50E. CEO (corrections) may substitute different place of detention and apply conditions 1 50F. CEO (corrections) may revoke bail 1 50G. Procedure on arrest after revocation under s. 50F 1 50H. Rules of natural justice excluded 1 50J. Delegation by CEO (corrections) 1 50L. Rules for this Part 1 50M. Failure to comply with direction 1 Part 6B — Administration of electronic monitoring conditions 50N. Application of Part 1 50O. Powers of members of Police Force 1 50P. CEO (corrections) may substitute different place where device is to be installed and apply conditions 1 50Q. CEO (corrections) may revoke bail 1 50R. Procedure on arrest after revocation under s. 50Q 1 50S. Rules of natural justice excluded 1 50T. Delegation by CEO (corrections) 1 50U. Rules for this Part 1 50V. Failure to comply with direction 1 Part VII — Enforcement of bail undertakings 51. Failing to comply with bail undertaking, offence 1 51A. Prosecuting s. 51 offence for non-appearance in court of summary jurisdiction 1 52. Prosecuting s. 51 offence for non-appearance in superior court 1 53. Appeal against decision made under s. 52 1 54. Bailed accused may be taken before judicial officer to show cause against variation or revocation of bail 1 54A. Accused on committal may be taken for purposes of s. 54 before judicial officer by which committed 1 55. Judicial officer may revoke bail of accused before court under s. 54 1 57. Offence under s. 51, court to order forfeiture of money under bail undertaking 1 58. Automatic forfeiture of money on expiration of one year after absconding 1 Part VIII — Miscellaneous 59. Order for forfeiture, court's additional powers as to 1 59A. If bail dispensed with, accused may be taken before judicial officer for reconsideration of matter 1 59B. Absconding accused, warrant for arrest of 1 60. Change of address, accused and surety to notify 1 61. Failing to bring arrested person before court or person able to grant bail, offence 1 62. Giving false information for bail purposes, offence 1 63. Protection from personal liability 1 64. Proving appearance or non‑appearance by accused 1 65. Bail undertakings by child, effect of 1 66. Other powers or duties to grant bail abolished 1 66A. Delegation by registrar of court 1 66B. Video link or audio link, use of in bail proceedings 1 66C. Protection of terrorist intelligence information in bail proceedings 1 66D. Annual report to include information about application of s. 66C 1 66E. Retrieving monitoring equipment 1 66F. Disclosing electronic monitoring information 1 66G. Disclosure under s. 66F not subject to other laws and effect of disclosure 1 66H. Powers of CEO (corrections) 1 67. Regulations 1 67A. Review of amendments made by Bail Amendment (Persons Linked to Terrorism) Act 2019 1 Schedule 1 — Jurisdiction as to bail and related matters Part A — Jurisdiction relating to bail 1. Initial appearance 1 2. Appearance after adjournment 1 3. Appearance on committal to Supreme Court or District Court 1 4. Appearance in connection with appeal, rehearing etc. 1 5. Appearance prescribed by regulation 1 6. Appearances not otherwise provided for 1 7. Term used: proceedings for an offence 1 Part B — Cessation of powers relating to bail 1. Upon decision by judge, power of other officers ceases 1 1A. Upon decision by Court of Appeal, other powers cease 1 2. Upon decision by judicial officer, his power and that of his peers ceases 1 3. Upon refusal of bail for initial appearance, certain powers cease 1 4. Judicial officer's powers if accused proves new facts or changed circumstances 1 Part C — Manner in which jurisdiction to be exercised 1A. Terms used 1 1. Bail before conviction at discretion of court or judicial officer except for child 1 2. Child to have qualified right to bail 1 3. Matters relevant to cl. 1(a) 1 3AA. Additional relevant matters in cases of sexual offences against child victims 1 3AB. Concerns of child victims 1 3A. Bail for accused charged with serious offence committed while on bail or early release for another serious offence 1 3B. Exceptional reasons under cl. 3A(1), determining 1 3C. Bail in murder cases 1 3D. Bail in cases under High Risk Serious Offenders Act 2020 section 80(1) 1 3E. Bail in cases of person linked to terrorism 1 3F. Bail in cases of family violence offence (category B) involving serial family violence offender 1 3G. Bail in cases of family violence offence (category A) involving accused bound by family violence restraining order 1 4. Bail after conviction for accused awaiting sentence 1 4A. Bail after conviction for accused awaiting disposal of appeal 1 5. Exception to cl. 4A for bail in appeal under Criminal Appeals Act 2004 Part 2 1 6. Bail of people on community or similar orders 1 7. Bail for initial appearance to be for not more than 30 days 1 8. Bail on adjournment in court of summary jurisdiction to be for not more than 30 days except by consent 1 9. Calculating periods for cl. 7 and 8 1 Part D — Conditions which may be imposed on a grant of bail 1. Conditions as to forfeiture, sureties, security etc. 1 2. Other conditions 1 3. Home detention condition 1 Part E — Condition that must be imposed on a grant of bail for particular accused persons 1. Electronic monitoring condition 1 Schedule 2 — Serious offences Notes Compilation table 1 Other notes 1 Defined terms Western Australia Bail Act 1982 An Act to make better provision for bail in criminal proceedings.