Bail Act 1982 (WA)

Western Australia

Western Australia

Bail Act 1982

An Act to make better provision for bail in criminal proceedings.

This Act may be cited as the Bail Act 1982.

This Act shall come into operation on a day to be fixed by proclamation.

• (1)

  In this Act, unless a contrary intention appears — 

accused includes —

• (a)

  a person charged with, convicted of, or found guilty of an offence;

• (b)

  a person whose conviction for an offence is stayed;

• (c)

  a person in respect of whom an appeal relating to an offence is pending;

• (d)

  a person in respect of whom a new trial for an offence has been ordered;

adjournment —

• (a)

  means any order of a court by which proceedings for an offence are postponed or interrupted or are to be held at a different time or place before the same court; and

• (b)

  is deemed to include any order of a court, other than a committal to the Supreme Court or District Court, by which the venue of any proceedings for an offence is changed to another court or a court at another place whether by way of a remand, referral, or recommittal of the accused or otherwise;

appeal includes an application for leave to appeal;

appropriate judicial officer means —

• (a)

  subject to paragraphs (b), (c) and (d), a judicial officer who is empowered to exercise jurisdiction in the court before which the accused is required to appear pursuant to his bail undertaking; or

• (b)

  if the court is the Court of Appeal, a judge of appeal; or

• (c)

  except in section 49, a judge of the Supreme Court or of the Children’s Court, as the case may require, in any case where — 

• (i)

  under section 15 only a judge of the Supreme Court or of the Children’s Court has power to grant bail; or

• (ii)

  a judicial officer has exercised the power contained in section 31(2)(d),

for the appearance in question; or

• (d)

  except in section 49, a judge of the Supreme Court, of the District Court, or of the Children’s Court, as the case may require, in any case where such a judge has granted bail under section 14 for the appearance in question;

approved, in relation to a form, means approved by the chief executive officer of the department of the Public Service principally assisting in the administration of this Act;

approved electronic monitoring device means —

• (a)

  an electronic monitoring device that has been approved by the CEO (corrections); and

• (b)

  any equipment, wires or other items associated with a device under paragraph (a);

as soon as is practicable means as soon as is reasonably practicable;

authorised community services officer means any of the following persons — 

• (a)

  the CEO (corrections) or a delegate of the CEO (corrections) under subsection (5);

• (b)

  a registrar of the…