Bail Amendment Act 1988 (WA)

WESTERN AUSTRALIA

BAIL AMENDMENT ACT

No. 15 of 1988

AN ACT to amend the Bail Act 1982 and the Bail Amendment

Act 1984.

[Assented to 6 September 1988]

The Parliament of Western Australia enacts as follows:

Short title

1. This Act may be cited as the Bail Amendment Act 1988.

Commencement

2. This Act shall come into operation on the day fixed for the

commencement of the Bail Act 1982.

3.     In this Act the Bail Act 1982* is referred to as the principal Act.

[*Act No. 86 of 1982 as amended by Act No. 74 of 1984.]

Section 3 amended

4.     Section 3 of the principal Act is amended

(a) by inserting after the definition of "appropriate judicial officer"

the following definition-

" "as soon as is practicable" means as soon as is reasonably

practicable; ";

(b) in the definition of "authorized community welfare officer"—

(i)    by deleting "welfare" and substituting the following-

" services "; and

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

" (a) the Director-General, Assistant Director- General and Directors of the Department for Community Services; ";

(c) in the definition of "authorized officer" by deleting "welfare"

and substituting the following-

" services ";

(d) in the definition of "authorized police officer" by inserting after

"police station" the following-

" or lock-up "; and

(e) by deleting the definitions of "clause", "paragraph", "Schedule",

5.    Section 6 of the principal Act is amended by inserting after

subsection (2) the following subsection

'C

(2a) A police officer or other person who arrests a person for an offence may, notwithstanding that he is empowered by this Act to grant bail, instead of complying with subsection (1) comply with subsection (2) as if he were not so empowered. ".

Section 8 amended

6.    Section 8 of the principal Act is amended by inserting after

subsection (3) the following subsection

(3a) Notwithstanding paragraph (a) of subsection (1) or (2) a judicial officer or authorized officer need not comply with that paragraph if it appears to him that the defendant's case for bail is such that bail is likely to be granted to him in accordance with this Act; but if it subsequently appears to him that bail will not be granted or that the defendant is dissatisfied with any condition imposed on the grant of bail he shall then comply with that paragraph. ".

Section 11 amended

7.     Section 11 of the principal Act is amended

(a) in subsection (1)-

(i)   in paragraph (a), by deleting "for an offence";

(ii) by deleting "for the offence"; and

(iii)   in paragraph (d), by deleting "offence or";

and

8. Section 18 of the principal Act is amended