Bail Amendment Act 1984 (WA)

WESTERN AUSTRALIA.

BAIL.

No. 74 of 1984.

AN ACT to amend the Bail Act 1982.

[Assented to 29 November 1984.]

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:-

1. (1) This Act may be cited as the Bail Amend- Short title and principal

ment Act 1984. Act.

(2) In this Act the Bail Act 1982 is referred to as Act No. 86 of1982.

the principal Act.

2. This Act shall come into operation on the day TS:en:t nrance-

fixed for the commencement of the Bail Act 1982.

No. 74.] Bail. [1984.

Section 3

amended. 3. Section 3 of the principal Act is amended, in

subsection (1), in the definition of "offence", by

deleting "or section 15 (2)".

Section 5

amended. 4. Section 5 of the principal Act is amended, in

subsection (2), by inserting after "subject to

sections" the following-

" 7 (3),

Section 7

amended. 5. Section 7 of the principal Act is amended

(a) in subsection (1) by inserting after "for the offence" the following-

" (including detention during the period of his trial) "; and

(b) by deleting subsection (3) and substituting the following

(f

(3) Notwithstanding subsection (2),

where

(a)	the duty described in that subsection or in section 6 (3) has been discharged once in relation to a defendant's case for bail; and
(b)	bail has on that occasion been refused by a Judge of the Supreme Court,

the defendant's case for bail need not be considered on any subsequent occasion in the same case when the defendant's continued detention may be ordered unless the defendant satisfies the judicial officer who may order his detention that

(c) new facts have been discovered, new circumstances have arisen or the circum- stances have changed since bail was refused on the occasion mentioned in para- graph (b); or

1984.] Bail. [No. 74.

(d) he failed to adequately present his case for bail on that occasion,

but if the judicial officer is so satisfied he shall cause the defendant to be taken as soon as is practicable before a Judge of the Supreme Court for the purpose of having the defendant's case for bail considered by the Judge. ".

6. Section 8 of the principal Act is amended— SaencateiAle8d.

(a) in subsection (1), by deleting "subsection (2)" and substituting the following-

" subsection (4) ";

(b) by deleting subsection (2) and substituting the following

(2) After a defendant's case for bail has been considered once, a judicial officer or authorized officer on any sub- sequent consideration of bail in the same case shall

(a)

comply with paragraph (a) of

subsection (1); and

(b)

either comply with paragraph (b) of subsection (1) or obtain the form previously completed for the purposes of that para- graph, if any, and ensure that-

(i) the form is revised in order to show any changes which he is informed have occurred since it was completed;

and

No. 74.] Bail. [1984.

(ii) any assistance, of the kind referred to in sub- section (1) (c) is given to the defendant for the purpose of completing or revising the form, as the case may be. "; and

(c) by inserting, after subsection (3), the following

(f (4) Notwithstanding paragraph (b)

of subsection (1) or (2), a judicial officer or an authorized officer may dispense with completion or revision of the form referred to in those para- graphs if it appears to him that

(a)	the defendant's case for bail is such that bail is likely to be granted to him in accordance with this Act; and
(b)	the information in the posses- sion of the judicial officer or authorized officer is sufficient for his consideration of the case. ".

Section 11

amended. 7. Section 11 of the principal Act is amended by

inserting after subsection (2) the following

Ci (3) In subsection (2) (a) "authorized

officer" does not include an authorized officer who is also the officer in charge of the lock-up in which the defendant is in custody. ".

Section 14

amended. 8. Section 14 of the principal Act is amended

(a) in subsection (2), by deleting "The" and substituting the following-

" Subject to subsection (2a), the ";

1984.] Bail. [No. 74.

(b) by inserting after subsection (2) the following

'C (2a) After the jurisdiction under

subsection (1) has been invoked once by a defendant in relation to an offence or group of offences for which he is required to appear, it may not be further invoked by that defendant in relation to that offence or group of offences unless the defendant satisfies a Judge of the Supreme Court that

(a)	new facts have been discovered, new circumstances have arisen or the circum- stances have changed since the occasion when the juris- diction was invoked; or
(b)	he failed to adequately present his case for bail on that occasion. ".

9. Section 15 of the principal Act is amended— sa7=e1

(a) in subsection (1), by deleting "Where the offence for which a defendant is in custody is punishable by imprisonment for life" and substituting the following

Where a defendant is in custody for an offence to which this section applies, "; and

(b) by deleting subsection (2) and substituting the following

CC (2) This section applies to the

offences described in the following

provisions of The Criminal Code

(a) section 37 (relating to

treason);

No. 74.] Bail. [1984.

(b)	the second paragraph of section 78 (relating to piracy with respect to a ship and accompanied by certain acts of violence);
(c)	section 79 (relating to certain acts of violence with intent to commit piracy with respect to a ship); and
(d)	section 282 (relating to wilful murder and murder). ".

Section 18

amended. 10. Section 18 of the principal Act is amended-

(a) in subsection (1)-

(i)   by deleting "$100" and substituting the following-

" $300 "; and

(ii)   by deleting "one month" and sub- stituting the following-

" 3 months "; and

(b) in subsection (2), in paragraph (b), by deleting "$100" and substituting the following

$300 ".

Section 28

repealed	11. Section 26 of the principal Act is repealed
and

substituted. and the following section is substituted-

Record of ''

decision 26. (1) An authorized officer or a Justice

and reasons.

who considers a defendant's case for bail shall

complete a bail record form.

(2) Where a judicial officer, other than a

Justice, considers a defendant's case for bail a record of the decision made and the reasons therefor shall be made.

1984.] Bail. [No. 74.

(3) The defendant, the prosecutor or an intending prosecutor shall be entitled, upon request, to be furnished with a copy of the bail record form, or other record made.

(4) For the purposes of subsection (1), a bail record form is a prescribed form designed to contain a summary of the matters relevant to the decision as to the bail of a defendant, including those matters set out in Part C of the Schedule, the decision made, and the reasons for the decision.

(5) In this section references to a Justice do not include a Magistrate or a Judge of the District Court or Supreme Court who is a Justice. ".

12.    Section 32 of the principal Act is amended, sa=le3d2

in subsection (2), by deleting "31 (4) of the Inter- pretation Act 1918" and substituting the following-

" 75 (2) of the Interpretation Act 1984 ".

13.    Section 43 of the principal Act is amended in 1=43

paragraph (a) by deleting ", before the surety enters into his undertaking" and substituting the following-

" and the surety undertaking, before the surety enters into the undertaking ".

14.    Section 44 of the principal Act is amended in Section 4ed4

subsection (2) by deleting "in the prescribed form".

15.	Section 45 of the principal Act is amended	Section 45
amended.

in subsection (1)-

(a) in paragraph (b), by deleting "writing" and substituting the following-

" the prescribed form "; and

No. 74.] Bail. [1984.

(b) in paragraph (c) by deleting "it" and sub- stituting the following-

" the prescribed form ".

Section 46

amended. 16. Section 46 of the principal Act is amended

in subsection (1) by deleting paragraph (a) and

substituting the following-

tt (a) the defendant-

(i)   is not likely to comply with the requirements of his bail undertak- ing mentioned in section 28 (2) (a) or (b); or

(ii)   is, or has been, in breach of any condition of his ball undertaking mentioned in section 28 (2) (c); and ".

Section 49

amended. 17. Section 49 of the principal Act is amended

in subsection (1)—

(a) by deleting paragraph (c) and substituting the following

t( (c) on the hearing of the application

and upon proof of the surety's liability in terms of his under- taking, the judicial officer shall order forfeiture of the full amount specified in the undertaking unless the surety attends at the hearing and shows to the satisfaction of the judicial officer that there was reasonable cause for the failure of the defendant to comply with the requirement to which the com- plaint relates; "; and

1984. ] Bail. [No. 74.

(b) in paragraph (d) (i) by inserting after "that" the following-

" , by reason of a change of circumstances since the undertaking was entered into, ".

Section

18. Section 50 of the principal Act is amended by amende50 d.

inserting after subsection (2) the following

if

(3) An offence is not committed under subsection (1) by a surety or proposed surety if he shows

(a)	that he had no knowledge of an agreement within the meaning of subsection (1) proposed to be entered into between 2 other persons; or
(b)	that having such knowledge he took all steps reasonably available to him to prevent the agreement being entered into. ".

Section 57

19. Section 57 of the principal Act is amended amended

in subsection (2) (a) by inserting after "that" the

following-

" , by reason of a change of circumstances since

the bail undertaking was entered into, ".