Bail Amendment Regulations 1994 (WA)

852	GOVERNMENT GAZETTE, WA	[4 March 1994
JM301

BAIL ACT 1982

BAIL AMENDMENT REGULATIONS 1994

Made by His Excellency the Governor in Executive Council.

Citation

1. These regulations may be cited as the	Bail Amendment
Regulations 1994.
Principal regulations

2. In these regulations the Bail Regulations 1988* are referred to as the

principal regulations.

1* Published in Gazette of 30 December 1988 at pp. 5043-80.	For amendments to 11 February 1994 see 1992 Index to
Legislation of Western Australia, Table 4, p. 21.1

Regulation 6 amended

3. Regulation 6 of the principal regulations is amended in the table at the

end of the regulation —

(a) in the heading to the first column, by deleting "Section" and

substituting the following —

" Provision "; and
(b)	by adding the following item at the end of the table — "

Schedule 1	Form 12 —
Part C, clause 2 (3) (c)	responsible
Undertaking by
person.

Regulation 10 inserted

4. After regulation 9 of the principal regulations the following regulation is

inserted —

responsible person, or cause such a copy to be given to him or her.

Formalities for undertaking under clause 2 (3) (c) of

Part C of Schedule 1

into before a person referred to in section 29 of the Act. clause 2 (3) (c) of Part C of Schedule 1 of the Act shall be entered	10. (1) An undertaking by a responsible person under
into shall before it is entered into — (2) The person before whom the undertaking is to be entered
(a)	read the undertaking to the responsible person; or
(b)	be informed by the responsible person that he or she has read it; or
(c)	if necessary, have the undertaking translated to the responsible person.

shall give a copy of the undertaking, as duly completed, to the (3) The person before whom the undertaking is entered into

4 March 19941 GOVERNMENT GAZETTE, WA 853

Schedule amended

5.      (1) The Schedule to the principal regulations is amended in Form 1 -

(a) by deleting paragraph 8 and substituting the following paragraphs -

How decision to be made -. adult

8. Bail for an adult defendant, before conviction, is at the discretion of the court or officer who must take into account the points set out in paragraph 9 (a) and (b) below.

However bail must be refused if the case comes within paragraph SB below.

How decision to be made - child

8A. A child cannot be released on bail unless a responsible person gives a written undertaking to see that the child does what is required by the bail undertaking. The only exception to this is where the child is over 17 and is able to live independently without supervision.

A child, before conviction, has a right to bail unless -

(a) no such undertaking is entered into by a

responsible person; or

(b) the points in paragraph 9 (a) and (b) below disclose a reason why bail should

be refused; or

(c) the case comes within paragraph 8B

below.

Where serious offence committed while on bail for another serious offence

8B. In Schedule 2 to the Bail Act there is a list of

serious offences. You cannot be granted bail for one of these offences if it is alleged to have been committed while you were on bail for another serious offence, unless there are exceptional reasons why you should not be kept in custody.

and

(b) by deleting paragraph 10 and substituting the following

paragraph -

Conditions

10. Bail conditions must be fair and reasonable in the circumstances of each case. The most common conditions are that there be an approved surety or sureties, and that the defendant and any surety pay an amount of money to the Crown if the defendant does not answer bail.

854 GOVERNMENT GAZETTE, WA [4 March 1994

In the case of a child, it is always a condition of bail that a responsibleperson give a written undertaking to see that the child does what is required by the bail undertaking. The only exception is where the child is over 17 and is able to live independently without supervision.

(2) The Schedule to the principal regulations is amended, in Form 5 -

(a) by deleting the heading "BAIL REFUSED" and substituting the

following -

11

BAIL REFUSED - GENERAL

by inserting immediately before the heading "BAIL GRANTED"

(b) We following -

BAIL REFUSED - PARTICULAR GROUNDS

(Tick Box if applicable)
5A. El Bail is refused because

the defendant is charged with a serious

(a) offence (as defined) committed while on bail awaiting trial for another serious

offence; and

(b) there are no exceptional reasons why the

defendant should not be kept in custody.

(Tick Box if applicable)

5B. C] Bail is refused because -

(a)	the defendant is a child; and
(b)	into an undertaking required by clause

no responsible person is willing to enter

2 (3) (c) of Part C of Schedule 1; and

(c)

the defendant is not

(i)	over 17; or
(ii)	of sufficient maturity to live

independently without the guidance

or control of a parent or guardian.

deleting the part of the form from BAIL GRANTED" to the end of section 6 (3) The Schedule to the principal regulations is amended in Form 5 by

of the form and substituting the following -

BAIL GRANTED

Note (1):	Section 6 need only be completed
(a)  if bail is being granted for an initial appearance in court after one or more authorized officers

have previously refused bail for that

appearance; or

(b)	defendant is dissatisfied with any condition if it appears to the bail decision maker that the
2 (3) (c) of Part C of Schedule 1 to the Act). imposed (not including a condition under clause

4 March 19941 GOVERNMENT GAZETTE, WA 855

Note (2): In the case of a child it is mandatory for consideration to be given to the conditions referred to in clause 2 (la) of Part D of Schedule 1 to the Act.

(Tick Appropriate Boxes)

(a) Adult 0 (b) Child U

(i) Bail is granted solely	Bail is granted on the
on the undertaking	undertaking of the
of the defendant 0	defendant and on the

Appropriate	following conditions -
amendments to	OR

be made if the (i) * that before the

discretion in (ii) Bail is granted on release of the

ci. 2 (4) of defendant .....

Part C of	the undertaking of	(name of
Schedule 1 to	the defendant and
the Act is	on the following

exercised responsible

conditions 0	enter into an person)
undertaking of Part C of under ci. 2 (3) (c)
Schedule 1 to the Act; and

...............

(specify other

conditions)

Reasons for grant/conditions of grant -

Date ..............Signature

(Authorized Officer/Justice!

Justices/Member of the Children's Court)

(4) The Schedule to the principal regulations is amended, in Form 7, by

inserting, at the end of the form, the following -

a

In the case of a defendant who is a child, the references to

"surety" in this part of the form include the responsible person*.

Interruption of bail on application by responsible person*.

Ifyou are a child and the responsible person* wants to have his or her undertaking cancelled, you may be taken into custody until the application is dealt with by a police officer and another responsible person* takes over.

*footnote:  a responsible person is a person who gives an undertaking under clause 2 (3) (c) of Part C of Schedule 1 to ensure that a child does what is required by his/her bail undertaking.

856 GOVERNMENT GAZETTE, WA [4 March 1994

(5) The Schedule to the principal regulations is amended by inserting

after Form 11 the following Form -

Form 12

[reg. 6]

BAIL ACT 1982

Schedule 1, Part C, clause 2 (3) (c)

UNDERTAKING BY RESPONSIBLE PERSON

Name and address of defendant:
Surname ..................Other names: ...............
Address. ...........................................

Charge(s)/appeal/proceedings:

Charge Nos.

Time and place of appearance:

(name and location of court)

on ......day the .......day of ...............19.

at ........a.m./p.m.

Conditions to be observed during bail:

UNDERTAKING

I..............................................of

give the following undertakings -
(a)	I WILL ENSURE that the defendant appears at the time and place speed above.
(b)	If, under section 31 (3) of the Act, the defendant is required to appear at a different time, or a different time and place, I WILL ENSURE that he/she appears at that time and place if I have been notified in writing of the different requirement.
(c)	If the defendant fails to appear as required I WILL ENSURE that he/she, as soon as is practicable
(i) reason; and

notifies the clerk or registrar of the court of the

(ii)      appears at the court when it is sitting.

(d) I WILL ENSURE that the defendant complies with the Sail conditions set out above.

Responsible Person

4 March 1994] GOVERNMENT GAZETTE, WA 857

CERTIFICATE AS TO UNDERTAKING

*delete as	The above undertaking was entered into by the
appropriate	responsible person before me after I had* been informed by him/her that he/she had read the undertaking/read the undertaking to him/her had the undertaking translated to him/her.
Signature-	Official Designation:

Date

I acknowledge that I have been given a copy of the above undertaking.

Responsible Person

>,

By His Excellency's Command,

D. G. BLIGHT, Clerk of the Council.