Criminal Procedure Amendment Regulations 2020 (WA)

30 June 2020 GOVERNMENT GAZETTE, WA 2257

JUSTICE

JU3OI

Criminal Procedure Act 2004

Criminal Procedure Amendment

Regulations 2020

SL 2020/100

Made by the Governor in Executive Council.

1.           Citation

These regulations are the Criminal Procedure 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.

3.           Regulations amended

These regulations amend the Criminal Procedure
Regulations 2005.

4.            Part 4 Division 1A inserted

After Part 4 Division 1 insert:

Division 1A - Applications and notice for Bail Act 1982

s. 54 in courts of summary jurisdiction

13C.	Forms for purposes of Bail Act 1982 s. 54 in courts of summary jurisdiction
(1)	An application in a court of summary jurisdiction for a summons or warrant under the Bail Act 1982 section 54(2)(b) must be made by lodging a Form 5A.
(2)	If a police officer arrests an accused without warrant under the Bail Act 1982 section 54(2)(a) for the purposes of causing the accused to appear before an appropriate judicial officer in a court of summary jurisdiction under section 54(1) of that Act, the police officer must lodge a notice in the form of Form 513.

2258 GOVERNMENT GAZETTE, WA 30 June 2020

(3)	An affidavit may be, but is not required to be, lodged in support of an application referred to in subregulation (1) or notice referred to in subregulation (2).
(4)	Despite regulation 14A, an application referred to in subregulation (1) is not required to be served.

5. Regulation I3AA deleted
Delete regulation 13 AA.

6.           Regulation 15 amended

In regulation 15:

(a) delete "regulations 1 3AA(1)," and insert:

regulations 13C(1) and

(b) in paragraph (c) delete "54;" and insert:

54(2)(b);

7.            Schedule 1 Form 1 amended

In Schedule 1 Form 1 delete "Person required at application to vary or

revoke bail (s. 54)." and insert:

Person required to show cause why bail should not be varied or revoked

(s. 54).

8.            Schedule 1 Form 5A replaced

Delete Schedule 1 Form 5A and insert:

5A. Application under Bail Act 1982 s. 54(2)(b) (r. 13C(1))

Court number	Application for summons or
Court location	warrant under the Bail
Date lodged	Act 1982 s. 54(2)(b)
Criminal Procedure Regulations 2005
Case
(Names of all
parties)
Applicant	Name
(Name of the
party	Address
applying)
Telephone No.

30 June 2020 GOVERNMENT GAZETTE, WA 2259

Application

The applicant applies:

details

Ci	under the Bail Act 1982 s. 54(2)(b) for a summons for the purpose of causing the accused mentioned above to appear before an appropriate judicial officer as provided in s. 54(1) of that Act.
3	under the Bail Act 1982 s. 54(2)(b) for a warrant for the purpose of causing the accused mentioned above to appear before an appropriate judicial officer as provided in s. 54(1) of that Act.

The grounds for the application are:

O	accused unlikely to appear in court in compliance with requirement of bail undertaking (Bail Act 1982s. 54(l)(aXi))
O	breach or likely breach of the following condition(s) of bail undertaking (Bail Act 1982 s. 54(lXa)(ii)):

Ci	not to be in the company of a particular person	0	report to a Community Corrections
Officer
Ci	not to go within a specified	0	obey direction of a Community
distance of a specified place or	Corrections Officer
person (not to approach or enter)
CI	not to make contact with a particular person	0	comply with curfew
Ci	attend drug and alcohol testing	0	report to Police
Ci	attend drug and alcohol counselling	0	reside at a particular address
CI	undertake a mental health assessment	0	surrender passport
Ci	undertake a physical health	0	not to consume a specified illicit /
examination	prohibited substance(s)
Ci	attend / reside at a specialist treatment centre	0	other:
Ci	attend other counselling / programmes as specified

0	breach of home detention condition (Bail Act 1982s. 54(l)(aXiii))
Ci	surety no longer suitable or dead (Bail Act 1982s. 54(l)(bXi))
Ci	other (specify):

Description of grounds

Signature of applicant or lawyer

Applicant / applicant's lawyer Date

HEARING DETAILS

This application will be heard on:

Date and	Date	Time	9 am or as soon after as possible
time Place

5B. Form to be lodged when accused arrested without warrant under Bail Act 1982 s. 54(2)(a) (r. 13C(2))

Court number	Notice that accused arrested
Court location	without warrant under Bail
Date lodged	Act 1982 s. 54(2)(a)
Criminal Procedure Regulations 2005
Case
(Names of all parties)
Police officer	Name
lodging form
Address
Telephone No.
Details	The accused mentioned above has been arrested without warrant under the Bail Act 1982 s. 54(2)(a) for the purposes of causing the accused to appear before an appropriate judicial officer under section 54(1) of that Act to show cause why the accused's bail should not be varied or revoked.
The grounds for causing the accused to appear are:
0 accused unlikely to appear in court in compliance with requirement of bail undertaking (Bail Act 1982s. 54(l)(aXi))

2260 GOVERNMENT GAZETTE, WA 30 June 2020

0 (Bail Act 1982

breach or likely breach of the following condition(s) of bail undertaking 0 not to be in the company of a 0 report to a Community Corrections

particular person Officer

0 not to go within a specified 0 obey direction of a Community

distance of a specified place or Corrections Officer

person (not to approach or enter)

0 not to make contact with a 0 comply with curfew

particular person

0 attend drug and alcohol testing 0 report to Police

0 attend drug and alcohol 0 reside at a particular address

counselling

0 undertake a mental health 0 surrender passport

assessment

Cl undertake a physical health 0 not to consume a specified / illicit /

examination prohibited substance(s)

Cl attend / reside at a specialist 0 other:

treatment centre

0 attend other counselling /

programmes as specified

0	breach of home detention condition (Bail Act 1982 s. 54(l)(aXiii))
0	surety no longer suitable or dead (Bail Act 1982 s. 54(l)(bXi))
0	other (specify):

Description of grounds

Signature of police officer lodging form or lawyer Police officer lodging form / Lawyer Date

M. INGLIS, Clerk of the Executive Council.