Western Australian Consolidated Acts Western Australian Consolidated Acts
TABLE OF PROVISIONS
Long Title
PART I -- Preliminary
1. Short title
2. Commencement
3. Terms used
3A. Sending notices by electronic communication
4. Application of this Act
4A. Detention and bail where accused appears in response to summons or court hearing notice
PART II -- Rights of accused in relation to bail
5. Right of accused to have bail considered under this Act
6. Duty on arresting officer and others to consider bail
6A. Whether custody justified to be considered in certain cases
7. Duty imposed on judicial officers in respect of unconvicted accused
7A. Bail may be dispensed with by court
7B. Special provision for adult accused in murder cases
7C. Special provision for child accused in murder cases
7D. Previous decision may be adopted
7E. Bail during trial
7F. Bail for appeal from courts of summary jurisdiction
8. Accused to be given information and approved forms
9. Bail decision may be deferred until further information obtained
10. Sections 5, 6 and 7 do not apply where accused imprisoned for other cause
11. Rights following grant of bail
12. Further limitation on rights in s. 7A(2) and
PART III -- Jurisdiction relating to bail
13. Jurisdiction to grant bail
13A. Jurisdiction to dispense with bail and how jurisdiction to be exercised
13B. Giving and proof of notices under s. 13A(3)
14. Extent of judge’s jurisdiction
15. Exclusive jurisdiction of Supreme Court judge in murder cases
15A. Appeal from decision of judge
15B. Determination of appeal under s. 15A and related provisions
16. Bail of person arrested on warrant
16A. Restrictions on powers of authorised officers and justices in certain cases
17. Conditions which may be imposed
17A. Further provisions as to responsible person’s undertaking (Schedule 1 Part C clause 2)
PART IV -- Hearing of case for bail, parties, and evidence
20. Power to consider bail in camera and to prohibit publication
21. Parties
22. Evidence
23. Accused not bound to supply information
24. Information may be referred to police officer for verification or for report
24A. Information may be referred to community corrections officer for verification or for report
25. Protection of accused as to information given for bail purposes
26. Record of decision and reasons
27. Transmission of relevant papers to court
27A. Transmission of papers to CEO (corrections)
PART V -- Bail undertakings
28. Bail undertaking
29. Before whom bail undertaking may be entered into
30. Duties of person before whom bail undertaking is entered into
31. Different time and place for appearance may be substituted
31A. Amendment of conditions during trial
32. Giving and proof of notices under s. 31
33. Judicial officer may order accused to enter into bail undertaking
34. Cessation and suspension of bail undertaking
PART VI -- Sureties and surety undertakings
35. Surety and surety undertaking
36. Authority to approve sureties
37. Proposed surety to receive certain information and prescribed form for completion
38. Persons disqualified from being sureties
39. Matters relevant to approval of sureties
40. Decision on application by proposed surety
41. Finality of decision to refuse approval
42. Before whom surety undertaking may be entered into
43. Duties of persons before whom surety undertaking is entered into
43A. Use of video link and electronic communication where proposed surety is interstate
44. When surety undertaking extends to different time or different time and place substituted under s. 31
45. Giving and proof of notices under s. 44
46. Power of surety to apprehend accused
47. Cessation and suspension of surety undertaking
48. Surety may apply for cancellation of his undertaking
49. Forfeiture of money under surety’s undertaking
50. Offence to indemnify surety
PART VIA -- Administration of home detention conditions
50A. Powers of CEO (corrections)
50C. Powers and duties of community corrections officers
50D. Powers of members of the Police Force
50E. CEO (corrections) may substitute a different place of detention and apply conditions
50F. CEO (corrections) may revoke bail
50G. Procedure on arrest after revocation of bail
50H. Exclusion of the rules of natural justice
50J. Delegation by CEO (corrections)
50K. Retrieval of monitoring equipment
50L. Rules
PART VII -- Enforcement of bail undertakings
51. Offence to fail to comply with bail undertaking
51A. Proceedings before courts of summary jurisdiction for an offence under s. 51
52. Provisions as to summary proceedings before superior courts for an offence under s. 51
53. Appeals against decisions made under s. 52
54. Accused on bail may be taken before a judicial officer for variation or revocation of bail
54A. Accused on committal may be taken before court by which committed
55. Powers of judicial officer to revoke or vary bail
57. Forfeiture of money under bail undertaking
58. Automatic forfeiture on expiration of one year after absconding
PART VIII -- Miscellaneous
59. Further power of judicial officer in relation to enforcement of undertakings
59A. Where bail dispensed with, accused may be taken before judicial officer for reconsideration of matter
59B. Warrant for arrest of absconding accused
60. Accused and surety to notify any change of address
61. Offence of failing to bring arrested person before court or person able to grant bail
62. Offence to give false information for bail purposes
63. Protection of persons carrying out this Act
64. Evidence of non-appearance etc. by an accused
65. Bail undertakings by minors
66. Abolition of other powers to grant bail
66A. Delegation by registrar
66B. Use of video link or audio link
67. Regulations
SCHEDULE 1 -- Jurisdiction as to bail and related matters
SCHEDULE 2 -- Serious offences
Compilation table
[Reprinted under the Reprints Act 1984 as at 6 March 2009]