Bail Amendment Regulations 2020 (WA)

4 December 2020 GOVERNMENT GAZETTE, WA 4411

JU302

Bail Act 1982

Bail Amendment Regulations 2020

SL 2020/235

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Bail Amendment Regulations 2020.

2.             Commencement

These regulations come into operation as follows —

(a)	regulations 1 and 2— on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on the day after that day.

4412 GOVERNMENT GAZETTE, WA 4 December 2020

3.	Regulations amended These regulations amend the Bail Regulations 1988.
4.	Schedule Form 8 amended Delete the Schedule Form 8 Part B item 7 and insert:

7. Character

Do you have any convictions? (tick appropriate box)

DYES 0 N

If yes, give details

Do you have any criminal proceedings pending against you?
(tick appropriate box)
DYES 0 N
If yes, give details

5.           Schedule Form 9 amended

(1) In the Schedule Form 9 item 5:

(a) in paragraph (c) delete "surety for any loss he incurs." and insert:

proposed surety for any loss the proposed surety incurs; or

(b)	after paragraph (c) insert:
(d) there is a current restraining order between the person and the accused under the Restraining Orders Act 1997; or
(e) accused and was a victim of an offence for which the person is in a family relationship with the 10 years; or
(f) the person is in a family relationship with the accused and is an alleged victim of the offence of which the accused has been charged.

If the accused is a child, a person may be approved as a surety even if the circumstances in paragraphs (d), (e) or (0 apply.

4 December 2020 GOVERNMENT GAZETTE, WA 4413

(2)	In the Schedule Form 9 item 6 delete "concerned." and insert:
concerned, unless the Bail Act 1982 section 40(3) applies.
(3)	Amend the provisions listed in the Table as set out in the Table.

Table

Provision Delete Insert

Sch. Form 9 NOTE	he	the proposed surety
Sch. Form 9 NOTE	him.	the proposed surety.
and it. 3
Sch. Form 9 it. 4	He	The proposed surety
Sch. Form 9 it. 5(a)	he	the person
and (b) and 7	(each occurrence)
Sch. Form 9	his	the person's
it. 5(b) and 6(a), (b) and (c)
Sch. Form 9 it. 7	himself	the person
his	the officer's
(1St occurrence)
his	their
(2flI occurrence)
Sch. Form 9 it. 8	his	their
and 12

Sch. Form 9 it. 9 his the accused's

Sch. Form 9 it. 11	However	However,
and 12
Sch. Form 9 it. 11	he	the accused

(1	occurrence)
lie	the surety
(2nd occurrence)
him	the accused
so taken	taken

4414   GOVERNMENT GAZETTE, WA 4 December 2020

Provision Delete Insert

Sch. Form 9 it. 13	his	the surety's
him	the surety
he	the surety
(each occurrence)
Sch. Form 9 it. 15	he	the prosecutor or
police officer
Sch. Form 9 it. 16	a proposed	proposed
proposed surety
the proposed	proposed

V. MOLAN, Clerk of the Executive Council.