Bail Regulations 1988 (WA)

Western Australia

Bail Act 1982

Bail Regulations 1988

Western Australia

Bail Regulations 1988 Contents Bail Act 1982

Bail Act 1982

Bail Regulations 1988

1.Citation

These regulations may be cited as the Bail Regulations 1988.

2.Commencement

These regulations shall come into operation on the day on which the Bail Act 1982 comes into operation.

3A.Terms used

In these regulations —

approved user, of the ECMS, has the meaning given in the Criminal Procedure Regulations 2005 regulation 3(1);

Department means the department of the Public Service principally assisting in the administration of the Act;

ECMS means the electronic case management system for the management of proceedings in Western Australian courts and tribunals;

working day means a day other than a Saturday, a Sunday, or a public holiday.

[Regulation 3A inserted: Gazette 12 Sep 2014 p. 3282; amended: Gazette 29 Jun 2018 p. 2436; 31 Dec 2019 p. 4669‑70.]

3.Information prescribed for sections 8(1)(a) and 37(1)(b) of the Act

(1)
The information set out in Form 1 in the Schedule is prescribed for the purposes of section 8(1)(a) of the Act.
(2)
The information set out in Form 9 in the Schedule is prescribed for the purposes of section 37(1)(b) of the Act.

[4, 5. Deleted: Gazette 25 Feb 2009 p. 473.]

6.Forms prescribed

(1)
A form referred to in the second column of the table at the foot of this regulation is prescribed for the purposes of the provision or provisions of the Act specified opposite thereto in the first column of the table.
(2)
The forms so prescribed are set out in the Schedule.
(3)
Form 6 consists of a court copy, a releasing authority’s copy and an accused’s copy as set out in the Schedule.
(4)
The form referred to in section 30(2)(b) of the Act may be printed on the reverse of the accused’s copy of Form 6.

Table
Provision of Act	Form
s. 11(3)	The form “certificate to authorise release” at the foot of the releasing authority’s copy of Form 6
s. 28(2)	Form 6 (bail undertaking)
s. 37(1)(a)	Form 8 Part A (notice to surety as to terms of bail)
s. 37(1)(c)	Form 8 Part B (declaration by proposed surety)
s. 50F(5) and 50Q(5)	Form 11 (warrant to arrest)

[Regulation 6 amended: Gazette 22 Mar 1991 p. 1212; 4 Mar 1994 p. 852; 25 Feb 2009 p. 473-4; 12 Sep 2014 p. 3282; SL 2024/252 r. 4.]

7AA.Entering information on ECMS

(1)
Each form in the Schedule may be completed electronically by an approved user by entering the information required to complete the form into the ECMS.
(2)
If a hard copy of a form in the Schedule is handed to a court, an officer of the court must enter the information contained in the form into the ECMS.

[Regulation 7AA inserted: Gazette 12 Sep 2014 p. 3282‑3; amended: Gazette 31 Dec 2019 p. 4670.]

7AB.Providing notice under section 13A(3) of the Act electronically

Citations