Acts Amendment (Bail) Act 1982 (WA)

WESTERN AUSTRALIA.

ACTS AMENDMENT (BAIL)

ACT 1982.

(No. 87 of 1982)

ARRANGEMENT.

PART I—PRELIMINARY.

Section.

1. Short title.

2. Commencement.

PART II—JUSTICES ACT 1902-1980.

3. Citation.

4. Section 4 amended.

5. Section 4A inserted.

6. Section 47 amended.

7. Section 64 and 82 repealed.

8. Section 84 amended.

9. Section 86 amended.

10. Section 90 amended.

11. Section 91 amended.

12. Sections 94, 94A, 97, 98, 99, and 100 repealed.

13. Section 107 amended.

14. Section 111 amended.

15. Section 114 amended.

16. Sections 115, 116, 117, 118, 119, 120, 121, 121A, and 122 repealed.

17. Section 130 amended.

18. Section 134 amended.

19. Section 136A amended.

20. Section 184 amended.

21. Section 188 repealed and substituted.

22. Section 197 amended.

23. Section 200 amended.

24. Section 201 amended.

25. Section 203 amended.

26. Section 210 repealed.

27. Section 216 amended.

28. Section 217 repealed.

Section.

PART III-THE CRIMINAL CODE.

29. Citation.

30. Section 1 amended.

31. Section 139 amended.

32. Sections 140, 570, and 573 repealed.

33. Section 577 amended.

34. Section 580 amended.

35. Section 608 amended.

36. Section 611 amended.

37. Section 645 amended.

38. Section 669 amended.

39. Section 690 amended.

40. Section 700 amended.

41. Section 746A amended.

PART IV-POLICE ACT 1892-1981.

42. Citation.

43. Section 43 amended.

44. Section 44 amended.

45. Section 48 repealed.

46. Section 52A inserted.

47. Section 94B amended.

48. Second Schedule amended.

PART V-CHILD WELFARE ACT 1947-1979.

49. Citation.

50. Section 27 amended.

51. Section 28 amended.

52. Section 33 repealed and substituted.

53. Section 73 amended.

PART VI-OFFENDERS PROBATION AND PAROLE

ACT 1963-1.980.

54. Citation.

55. Section 5 amended.

56. Section 9 amended.

57. Section 16 amended.

58. Section 17 amended.

59. Section 19 amended.

60. Section 19A amended.

61. Section 20D amended.

62. Section 20H amended.

63. Section 20K amended.

64. Section 20P amended.

65. Section 50G amended.

66. Section 50H amended.

67. Section 50J amended.

68. Section 50K amended.

Section.

PART WI—CORONERS ACT 1920-1979.

69. Citation.

70. Sections 17 and 18 repealed.

71. Section 20 amended.

72. Section 44 amended.

PART VIII—EXPLOSIVES AND DANGEROUS GOODS

ACT 1961-1981.

73. Citation.

74. Section 12 amended.

PART IX—REPEAL.

75. Repeal of Delivery of Prisoners Act 1873.

WESTERN AUSTRALIA.

ACTS AMENDMENT (BAIL).

No. 87 of 1982.

AN ACT to amend the Justices Act 1902-1980, The Criminal Code, the Police Act 1892-1981, the Child Welfare Act 1947-1979, the Offenders Probation and Parole Act 1963-1980, the Coroners Act 1920-1979 and the Explosives and Dangerous Goods Act 1961-1981, and to repeal the Delivery of Prisoners Act 1873.

[Assented to 17 November 1982.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

PART I-PRELIMINARY.

Short title.

1. This Act may be cited as the Acts Amendment

(Bail) Act 1982.

Commence-

This Act shall come into operation on the day fixed for the coming into operation of the Bail Act

ment.

No. 87.]

Acts Amendment (Bail).

[1982.

PART II-JUSTICES ACT 1902-1980.

Citation.	3.	(1) In this Part, the Justices Act 1902-1980 is
Reprinted as
November

approved 30	referred to as the principal Act.
1977: subse-
quently
amended by

Acts No. 6	(2) The principal Act as amended by this Act may
and 67 of

1979, and	be cited as the Justices Act 1902-1982.
57 of 1980.
Section 4

Section 4 of the principal Act is amended, in

the definition of "Decision", by deleting "and an

admission to bail".

amended.

Section 4A

inserted.	5. The principal Act is amended by inserting, after section 4, the following section-
Bail Act 1982

to prevail	" 4A. Nothing in this Act empowering the detention in, or committal to, custody of any person (however the power may be expressed) shall be read as limiting the operation of section 4 of the Bail Act 1982. " .
over this Act.
Section 47

Section 47 of the principal Act is amended by deleting ", or discharge him upon recognisance".

amended.

Sections 64

and 82

Sections 64 and 82 of the principal Act are

repealed.	repealed.
Section 84

amended.

Section 84 of the principal Act is amended

(a)

by deleting "or discharged upon recog- and

(b)	by deleting the proviso.

1982.] 9. Section 86 of the principal Act is amended by amended?

Acts Amendment (Bail).

[No. 87.

deleting "suffer the defendant to go at large, or may commit him, or may order his discharge upon his entering into a recognisance conditioned for his appearance" and substituting the following-

" commit the defendant to appear "

10. Section 90 of the principal Act is amended by =1103?

deleting "defendant, witness," and substituting the

following-

" witness " .

11. Section 91 of the principal Act is amended =Ilk

by deleting "defendant, witness," and substituting

the following-

" witness " .

12. Sections 94, 94A, 97, 98, 99 and 100 of the Sestt 1:711393.4.

principal Act are repealed.

99, and

100 repealed.

13. Section 107 of the principal Act is amended 2=a0.7

by deleting "or admitted to bail as hereinafter

mentioned".

14. Section 111 of the principal Act is amended— =oat

(a)	by deleting "or bailed to appear for trial"; and

(b) by deleting "or bailed".

15. Section 114 of the principal Act is amended 21;zav,1.4

by deleting "or admitted to bail as hereinafter

mentioned".

16. Sections 115, 116, 117, 118, 119, 120, 121, 72,137111185:

121A, and 122 of the principal Act are repealed.

repealed.

1.1.7ali211i2

No. 87.]

Acts Amendment (Bail).

[1982.

Section 130

amended.

17. Section 130 of the principal Act is amended

(a)	by deleting ", whether the defendant has been admitted to ban or not,";
(b)	by deleting ", and may, in a proper case, admit him to bail as hereinbefore provided, or enlarge his bail, if he has been already admitted to ban"; and
(c)	by deleting ", and may, in a proper case, admit him to ban, subject to the provisions hereinbefore contained, or enlarge his bail if he has been already admitted to bail".

Section 134

amended.

18. Section 134 of the principal Act is amended by deleting ", or may discharge him upon recog- nisances conditioned".

Becgodliel.36A

19. Section 136A of the principal Act is

amended

(a)	by repealing subsection (3) and substitut- ing the following subsections

(3) An applicant shall enter into a recognisance requiring him to appear before the court to which the applica- tion is made and being otherwise in accordance with section 187 of this Act; and that section shall apply as if references therein to the appellant and an appeal were references to the applicant and an application respectively.

(3a) On a recognisance being given under subsection (3) execution shall be stayed until the application is disposed of or the court of petty sessions other- wise orders, and the applicant, if then in custody for non-payment of any sum of money, shall be released upon presentation of the recognisance to the person by whom he is held in custody. " ;

1982.]

Acts Amendment (Bail).

[No. 87.

(b)	in subsection (4), by deleting "unless the applicant was released from custody on recognisance pending the decision on the application and has not complied with the requirements of this section relating to security for appearance of the applicant" and substituting the following-

" if the applicant does not appear, strike out the application and, if he does appear " ; and

(c)	in subsection (5) by deleting "the decision contained a sentence of imprisonment but".

20. Section 184 of the principal Act is amended— Secgata84

(a)	by inserting after the section designation "184." the subsection designation "(1)" ;

and

(b) by inserting the following subsection

(2) Where an appeal is brought under section 183 against a conviction or sentence for an offence and the maximum period of imprisonment which could be imposed on the appellant for that conviction is 6 months or longer, bail shall not be granted to the appellant under the Bail Act 1982 until he has given notice of his application therefor to the respondent. " .

21. Section 188 of the principal Act is repealed it=d1lisci

and the following section is substituted—

substituted.

Stay of

188. (1) On a recognisance being entered into under section 187 of this Act execution

executionand release

of appellant

shall, subject to subsection (2), be stayed

from custody.

until the appeal is disposed of or the Supreme

Court or a Judge otherwise orders.

No. 871

Acts Amendment (Bail).

[1982.

(2) Where the appellant is in custody, he shall not be released unless he is granted bail under the Bail Act 1982 and becomes entitled to be released in accordance with that Act " .

Section 197

am ended.

22. Section 197 of the principal Act is amended

(a)	in subsection (1), by deleting the passage from and including "and where, at any time within such period of two months" to the end of the subsection;
(b)	in subsection (5), by deleting "or for the release of an appellant from custody"; and
(c)	by inserting, after subsection (5), the following subsection

tt (5a) Where an order to review is

granted in respect of a conviction or sentence for an offence and the maxi- mum period of imprisonment which could be imposed on the appellant for that conviction is 6 months or longer, bail shall not be granted to the appellant under the Bail Act 1982 until he has given notice of his application therefor to the respondent. " .

Section 200

amended.

23. Section 200 (1) of the principal Act is

amended

(a)	by inserting a comma after "without delay"; and
(b)	by deleting "to appear before the Court to which the appeal is made".

Section 201

amended.

24. Section 201 of the principal Act is amended by repealing subsections (2) and (3) and substitut- ing the following subsections

(2) On a recognisance being entered into

under section 200 (1) of this Act execution

shall, subject to subsection (3) of this section,

19821

Acts Amendment (Bail).

[No. 87.

be stayed until the order to review is disposed of in the Supreme Court or a Judge otherwise orders.

(3) Where the appellant is in custody, he shall not be released unless he is granted bail under the Bail Act 1982 and becomes entitled to be released in accordance with that Act. " .

Section 203

Section 203 of the principal Act is amended

by repealing subsection (2) and substituting the

following subsection

amended.

25.

(2) An order to review shall not be entered for hearing unless, at the time an application is made for the entry for hearing, a recog- nisance has been entered into by the appellant under section 200 (1). "

Section 210

26.	Section 210 of the principal Act is repealed.	repealed.
Section 216
27.

Section 216 of the principal Act is amended,

in subsection (1), by deleting ", if the appellant has

been released from custody,".

amended.

28. Section 217 of the principal Act is repealed. regaled"

PART III-THE CRIMINAL CODE.

29. In this Part, "the Code" mean The Criminal Reprinted as

Code contained in the Schedule to the Criminal :131gcg111.8 Code Act 1913 which Act is set out in Appendix B EL18,esditli; to the Criminal Code Act Compilation Act 1913. Incateen'itil

88 and 107

of 1979, 96 of

1980, and 103and 118 of

1981.

Section 1

Section 1 of the Code is amended by inserting, after subsection (2), the following subsection

amended.

30.

(l	(3) Nothing in this Code empowering the detention in, or committal to, custody of any person (however the power may be expressed) shall be read as limiting the operation of section 4 of the Bail Act 1982. " .

No. 87.1

Acts Amendment (Bail).

[1982.

Section 139

amended.

31. Section 139 of the Code is amended by delet- ing paragraph (1).

570, and 573

Section".4°'

32. Sections 140 570 and 573 of the Code are repealed.

•

repealed.

Section 577

amended.

33. Section 577 of the Code is amended

(a)	by deleting ", whether he has been admitted to bail or not,";
(b)	by deleting "; and, if he has been admitted to bail, the recognisances of bail are to be deemed to be enlarged to that time and place accordingly"; and
(c)	by deleting "in like manner to be deemed to be enlarged to the same time and place" and substituting the following-

" deemed to be enlarged to that time and place accordingly "

Section 580

amended.	34. Section 580 of the Code is amended by delet- ing "or may, in a proper case, admit him to bail with sufficient sureties to attend to be tried on the indictment".
Section 608
amended.	35. Section 608 of the Code is amended by delet- ing the second paragraph.
Section 611

amended.

36. Section 611 of the Code is amended

(a)	by deleting ", and may, in a proper case, admit him to bail, or enlarge his bail if he had already been admitted to bail";
(b)	by deleting "the accused person is bound to attend to be tried, and"; and
(c)	by deleting "to appear and".

1982.]

Acts Amendment (Bail).

[No. 87.

Section 645

37. Section 645 of the Code is amended—

amended.

(a)	by inserting after the section designation "645." the subsection designation "(1)";
(b)	in subsection (1) as so designated, by deleting the second paragraph; and

(2) In any such case the accused person shall remain in custody until he can be brought before another judge who may remand him in custody to appear for a new trial. " .

Seotlon 669

38. Section 669 of the Code is amended, in sub- section (3) (b), by deleting ", or may admit him to bail with a sufficient surety conditional on his appearing for judgment".	amended.
Section 690

Section 690 of the Code is amended, in sub- section (2), by deleting "An offender so arrested may be admitted to bail by order of the Court, which may be made at the time when the order directing judgment to be pronounced is made or after- wards. " .

amended.

39.

40. Section 700 of the Code is amended by amended

repealing subsection (2).

Section 746A

41.

Section 746A of the Code is amended by

deleting "take his trial or attend any other" and

substituting the following-

amended.

" attend any " .

No. 87.]

Acts Amendment (Bail).

[1982.

PART IV-POLICE ACT 1892-1981.

Citation.

Reprinted as	42. (1) In this Part, the Police Act 1892-1981 is
approved 11

July 1978;	referred to as the principal Act.
subsequently
amended by

Acts Nos. 17,	(2) The principal Act as amended by this Act may
29, and 83

of 1979, 71	be cited as the Police Act 1892-1982.
of 1980, and 103 and 107 of 1981.

Section 43

amended. 43. Section 43 of the principal Act is amended,

in subsection (1), by deleting ", or until he shall have given bail for his appearance before a Justice, in the manner hereinafter mentioned".

Section 44

amended.

44. Section 44 of the principal Act is amended by deleting ", or until he shall have given bail for his appearance before a Justice in manner hereinafter mentioned".

Section 4

repeated.	45. Section 48 of the principal Act is repealed.
Section

52A inrted.

46. The principal Act is amended by inserting,

after section 52, the following section-

Detention

to be subject	"	52A. Nothing in this Act shall be read as
to the

Bail Act	limiting or affecting
1982.

(a)	the right conferred by section 5 of the Bail Act 1982 on every person taken into the custody of a police officer or constable for an offence, as provided by this Act, to have his case for bail considered under and in accordance with the Bail Act 1982 or to be brought before a court as soon as is practicable;
(b)	the duties imposed on police officers by section 6 of that Act. " .

1982.]

Acts Amendment (Bail).

[No. 87.

47. The Second Schedule to the principal Act is 2renie amended by deleting the form headed "Recognisance amended. for the Appearance of a person in charge of a Police

Station or Lock-up.".

PART V-CHILD WELFARE ACT 1947-1979.

Citation.

48. (1) In this Part, the Child Welfare Act 1947-

Reprinted as approved 11

1979 is referred to as the principal Act.	November 1977; sub- sequently amended by
(2) The principal Act as amended by this Act may be cited as the Child Welfare Act 1947-1982.	Act No. 77
of 1979.

49. Section 27 of the principal Act is amended by 2,1;g1The27

repealing subsection (3).

50. Section 28 of the principal Act is amended by ,T,Igfdneci.8

repealing subsection (1).

Section 33

51. Section 33 of the principal Act is repealed and the following section is substituted-	repealed and substituted.
Bringing

" 33. (1) Subject to section 24 of this Act, where a child is required to appear before a	child
before court,
and place of
detention

court for an offence, the officer on whose	of child.
decision the child would otherwise be arrested, or the Justice or court by which a warrant to arrest may be issued, shall consider whether it would be appropriate to proceed by way of summons rather than arrest.
(2) If a child who is in custody is refused bail under the Bail Act 1982, or is not released on bail, he shall, subject to section 28 (2) of this Act, be taken to and placed in a Depart- mental Centre or Departmental facility of an appropriate kind, or such other place as is approved by the Director. " .

No. 87.]

Acts Amendment (Bail).

[1982.

Stion 39C

amended. 52. Section 39C of the principal Act is amended

in subsection (2) by deleting "and, where it does so, shall release the child on bail, with or without sureties, to appear at the adjourned hearing".

Section 73

amended.

53. Section 73 of the principal Act is amended, in subsection (6), by deleting "conferred upon justices".

PART VI-OFFENDERS PROBATION AND PAROLE

ACT 1963-1980.

Citation.

54. (1) In this Part, the Offenders Probation and

Reprinted S

approved 11 Parole Act 1963-1980 is referred to as the principal

November

1977;

Act.

subsequently

amended by

Act No. 96

of 1980. (2) The principal Act as amended by this Act may

be cited as the Offenders Probation and Parole Act

1963-1982.

Section 5

Section 5 of the principal Act is amended by

inserting, after subsection (2), the following sub-

section

amended.

55.

(2a) Without limiting the generality of subsection (2), nothing in this Act empower- ing the detention in or committal to custody of any person (however the power may be expressed) shall be construed as in any way derogating from or diminishing the operation of section 4 of the Bail Act 1982. " .

Section 9

amended.

56.

Section 9 of the principal Act is amended, in subsection (la), by deleting "and release the person on bail, with or without sureties to appear on the adjourned hearing" .

Section 16

amended.

57. Section 16 of the principal Act is amended, in subsection (3) (c), by deleting "or release him on bail, with or without sureties, to be brought or to appear" and substituting the following-

" to be brought " .

1982.] 58. Section 17 of the principal Act is amended— section 17

Acts Amendment (Bail).

[No. 87.

amended.

(a)	in subsection (2a), by deleting "or release him on bail, with or without sureties, to be brought or to appear" and substituting the following-

" to be brought " ; and

(b)	in subsection (3), by deleting "or release him on bail, with or without sureties, to appear or be brought" and substituting the following-

" to be brought " .

59. Section 19 of the principal Act is amended by amended.

repealing subsection (2).

60. Section 19A of the principal Act is amended, ,tZdeig.A

in subsection (3) (b), by deleting "or release him on

bail, with or without sureties".

61. Section 20D of the principal Act is amended, =Ilea

in subsection (2), by deleting "and release the person on bail, with or without sureties to appear at the adjourned hearing".

62. Section 20H of the principal Act is amended, aegiodWEL

in subsection (4) (d), by deleting "or release him on bail, with or without sureties, to be brought or to appear" and substituting the following-

" to be brought " .

63. Section 20K of the principal Act is amended, ,="dneric

in subsection (2) (b), by deleting "or release him on bail, with or without sureties, to be brought or to appear" and substituting the following-

" to be brought " .

No. 87.1

Acts Amendment (Bail).

[1982.

Section 20?

amended.

64.

Section 20P of the principal Act is amended by repealing subsection (2).

Section 50G

amended.

65.

Section 50G of the principal Act is amended

(a)	in subsection (4) (c), by deleting "or release him on bail, with or without sureties, to be brought or to appear" and substitut- ing the following-

" to be brought " ; and

(b)	in subsection (8), by deleting ", warrants and admission to bail" and substituting the following-

" and warrants " .

Section 50

amende

66. Section 5011 of the principal Act is amended,

in subsection (6), by deleting "discharge the probationer, admit him to bail on such conditions as it thinks fit, or" and substituting the following-

" adjourn the proceedings and may " .

Section 50J

amended 67. Section 50J of the principal Act is amended,

in subsection (4), by deleting "or release him on bail, with or without sureties, to be brought or to appear" and substituting the following-

" to be brought " .

Section 50

amended

.	68. Section 50K of the principal Act is amended, in subsection (6), by deleting "discharge the probationer, admit him to bail on such conditions as it thinks fit, or" and substituting the following-

" adjourn the proceedings and may "

PART VII-CORONERS ACT 1920-1979.

Citation.

Reprinted	69. (1) In this Part, the Coroners Act 1920-1979
as approved

2 December	is referred to as the principal Act.
1980.
(2) The principal Act as amended by this Act may be cited as the Coroners Act 1920-1982.

1982.1 70. Sections 17 and 18 of the principal Act are gdti1o8n 17

Acts Amendment (Bail).

[No. 87.

epeated.

repealed.

71. Section 20 of the principal Act is amended— amended.

(a)	by repealing subsection (1) and substitut- ing the following

'C (1) Every finding at a coroner's

inquest and the warrant of commit- ment thereupon issued shall, for the purposes of the prosecution or discharge of the person committed, be regarded as equivalent to an ordinary commitment by justices. " ; and

(b)	in subsection (2), by deleting "or held him to bail".

72. Section 44 of the principal Act is amended, =octie,14.

in subsection (3), by deleting "give evidence, or be tried" in both places where it occurs and substitut- ing in each place the following-

" or give evidence, " .

PART VIII—EXPLOSIVES AND DANGEROUS GOODS

ACT 1961-1981.

Citation.

73. The Explosives and Dangerous Goods Act 1961-1981 as amended by this Act may be cited as

Reprinted as

approved 5

September

1979,

the Explosives and Dangerous Goods Act 1961-1982.

subsequently amended byAct No. 58 of

1981.

Section 12

Section 12 of the Explosives and Dangerous Goods Act 1961-1981 is amended by repealing sub- section (2).

amended.

74.

PART IL—REPEAL.

75. The Delivery of Prisoners Act 1873

is 117:Firel:of

Prisoners Act

repealed.

1873.