Attorney General Regulations Amendment (Family Violence Reform) Regulations 2024 (WA)
Western Australia
Bail Act 1982 Criminal Procedure Act 2004 Sentencing Act 1995
Western Australia
Bail Act 1982 Criminal Procedure Act 2004 Sentencing Act 1995
Made by the Governor in Executive Council.
These regulations are the
These regulations come into operation as follows —
(a) Part 1 — on the day on which these regulations are published on the WA legislation website;
(b) the rest of the regulations — on 18 December 2024.
This Part amends the
In regulation 6 in the Table after “s. 50F(5)” insert:
and 50Q(5)
Delete regulation 9 and insert:
(1) If an accused is granted bail subject to a home detention condition the accused must, when entering into the bail undertaking —
(a) be provided with a list of the conditions in rules made under section 50L of the Act that may be applied to the accused by the CEO (corrections) while the accused is subject to the home detention condition; and
(b) acknowledge in writing that the list referred to in paragraph (a) has been provided.
(2) If an accused is granted bail subject to an electronic monitoring condition the accused must, when entering into the bail undertaking —
(a) be provided with a list of the conditions in rules made under section 50U of the Act that may be applied to the accused by the CEO (corrections) while the accused is subject to the electronic monitoring condition; and
(b) acknowledge in writing that the list referred to in paragraph (a) has been provided.
6. Schedule Form 11 replaced
In the Schedule delete Form 11 and insert:
Sections 50F(5) and 50Q(5)
— To: all members of the Police Force in the State of Western Australia;
— [name any other officer]
On [date] [name of accused] “the accused” of [address of accused] appeared in the [court] at [place] charged with [describe offence(s)] and was granted bail subject to a home detention condition or an electronic monitoring condition.
On [date] the chief executive officer of corrective services revoked the bail granted to the accused.
This warrant commands anyone to whom it is directed to apprehend the accused and to take the accused before an appropriate judicial officer.
Dated: [date]
Signed: [signature and designation of CEO (corrections) or delegate]
[Accused’s date of birth..............................................................]
Execution details Accused arrested on .... / .... / .... at ......... hours at: by: Regimental No: of: police station/division Signature: Date:
This Part amends the
Delete Schedule 1 Forms 5A and 5B and insert:
Court number | ||||||||||
Court location | ||||||||||
Date lodged | ||||||||||
Name | ||||||||||
Address | ||||||||||
Telephone No. | ||||||||||
The applicant applies: r under the r under the The grounds for the application are: r accused unlikely to appear in court in compliance with requirement of bail undertaking ( r breach or likely breach of the following condition(s) of bail undertaking ( | ||||||||||
r not to be in the company of a particular person | r report to a Community Corrections Officer | |||||||||
r not to go within a specified distance of a specified place or person (not to approach or enter) | r obey direction of a Community Corrections Officer | |||||||||
r not to make contact with a particular person | r comply with curfew | |||||||||
r attend drug and alcohol testing | r report to Police | |||||||||
r attend drug and alcohol counselling | r reside at a particular address | |||||||||
r undertake a mental health assessment | r surrender passport | |||||||||
r undertake a physical health examination | r not to consume a specified / illicit / prohibited substance(s) | |||||||||
r attend / reside at a specialist treatment centre | r other: | |||||||||
r attend other counselling / programmes as specified | ||||||||||
r breach of home detention condition ( r breach of electronic monitoring condition ( r surety no longer suitable or dead ( r other (specify): | ||||||||||
Applicant / applicant’s lawyer | Date | |||||||||
Date | Time | 9 am or as soon after as possible | ||||||||
Court number | |||||||
Court location | |||||||
Date lodged | |||||||
Name | |||||||
Address | |||||||
Telephone No. | |||||||
The accused mentioned above has been arrested without warrant under the The grounds for causing the accused to appear are: r accused unlikely to appear in court in compliance with requirement of bail undertaking ( r breach or likely breach of the following condition(s) of bail undertaking ( | |||||||
r not to be in the company of a particular person | r report to a Community Corrections Officer | ||||||
r not to go within a specified distance of a specified place or person (not to approach or enter) | r obey direction of a Community Corrections Officer | ||||||
r not to make contact with a particular person | r comply with curfew | ||||||
r attend drug and alcohol testing | r report to Police | ||||||
r attend drug and alcohol counselling | r reside at a particular address | ||||||
r undertake a mental health assessment | r surrender passport | ||||||
r undertake a physical health examination | r not to consume a specified / illicit / prohibited substance(s) | ||||||
r attend / reside at a specialist treatment centre | r other: | ||||||
r attend other counselling / programmes as specified | |||||||
r breach of home detention condition ( r breach of electronic monitoring condition ( r surety no longer suitable or dead ( r other (specify): | |||||||
Date | |||||||
Police officer lodging form / Lawyer | |||||||
This Part amends the
In Schedule 2 in the item for the
50O(2),
K. COLLERAN, Clerk of the Executive Council
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