Criminal Procedure Amendment Rules 2020 (WA)

8 May 2020 GOVERNMENT GAZETTE, WA 1163

JUSTICE

JU301

Criminal Procedure Act 2004

Criminal Procedure Amendment Rules 2020

SL 2020/53

Made by the judges of the Supreme Court.

1.   Citation

These rules are the Criminal Procedure Amendment Rules 2020.

2.   Commencement

These rules come into operation as follows —

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

3. Rules amended

These rules amend the Criminal Procedure Rules 2005.

4. Part 7A inserted

After rule 30 insert:

Part 7A Application and notice for Bail

Act 1982 s. 54

30A. Forms for purposes of Bail Act 1982 s. 54

(1)	An application for a summons or warrant under the
Bail Act 1982 section 54(2)(b) must be made by
lodging a Form 6A.
(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 under section 54(1) of that Act, the police officer must lodge a notice in the form of Form 6B.

1164 GOVERNMENT GAZETTE, WA 8 May 2020

(3)	An application referred to in subrule (1) or notice referred to in subrule (2) must be supported by an affidavit unless the court orders otherwise.
(4)	Despite rule 23(2), an application referred to in subrule (1) is not required to be served.

5.            Schedule 1 Forms 6A and 613 inserted

After Schedule 1 Form 6 insert:

6A. Application under Bail Act 1982 s. 54(2)(b) (r. 30A(1))

Criminal Procedure Act 2004

Application for summons or warrant

Criminal Procedure Rules 2005

under the Bail Act 1982 s. 54(2)(b)

Supreme Court/District Court

At: 

Number:

Case 

[Names of all parties]

Applicant 

Name
Address
Telephone
No.

Application 

The applicant applies:

details 

11	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.
11	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:

J accused unlikely to appear in court in compliance with

requirement of bail undertaking (Bail Act 1982 s. 54(l)(a)(i))
J	breach or likely breach of the following condition(s) of bail undertaking (Bail Act 1982 s. 54(l)(a)(ii)):
l not to be in the fl report to a Community

company of a	Corrections Officer
particular person
not to go within a	fl obey direction of a
specified distance of a	Community Corrections
specified place or person (not to approach or enter)	Officer

13	not to make contact	comply with curfew
with a particular
person
13	attend drug and	0 report to Police
alcohol testing
J	attend drug and	fl reside at a particular

alcohol counselling	address
undertake a mental	0 surrender passport
health assessment

8 May 2020 GOVERNMENT GAZETTE, WA 1165

El	undertake a physical	El	not to consume specified/
health examination	illicit/prohibited substance(s)
El	attend/reside at a	El	other:
specialist treatment centre
El	attend other counselling/ programmes as
specified

El	breach of home detention condition	(Bail Act 1982
s. 54(1)(a)(iii))
3	surety no longer suitable or dead	(Bail Act 1982
s. 54(1)(b)(i))
El	other (specify):

Description of grounds

Signature of	Date
applicant or lawyer

Applicant / Applicant's lawyer

6B. Notice that accused arrested without warrant under Bail
Act 1982 s. 54(2)(a) (r. 30A(2))

Criminal Procedure Act 2004	Notice that accused arrested without
Criminal Procedure Rules 2005	warrant under the Bail Act 1982 s. 54(2)(a)
Supreme Court/District Court
At:	Number:
Case	[Names of all parties]

Police	Name
officer	Address
lodging	Telephone
notice	No.
Details	The accused 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:
El accused unlikely to appear in court in compliance with

requirement of bail undertaking	(Bail Act 1982
s. 54(1)(a)(i))

El	breach or likely breach of the following condition(s) of bail undertaking (Bail Act 1982 s. 54(l)(a)(ii)):
El not to be in the El report to a Community

company of a	Corrections Officer
particular person

1166 GOVERNMENT GAZETTE, WA 8 May 2020

O not to go within a CI obey direction of a

specified distance	Community Corrections
of a specified place	Officer
or person (not to approach or enter)

O	not to make contact	Cl comply with curfew
with a particular person
O	attend drug and	Cl report to Police
alcohol testing
O	attend drug and	Cl reside at a particular

alcohol counselling address

Cl undertake a mental Cl surrender passport

health assessment

Cl undertake a Cl not to consume specified /

physical health	illicit / prohibited
examination	substance(s)

Cl attend / reside at a Cl other:

specialist treatment

centre

Cl attend other

counselling /
programmes as

specified

Cl breach of home detention condition (Bail Act 1982

s. 54(1)(a)(iii))

Cl surety no longer suitable or dead (Bail Act 1982

s. 54(1)(b)(i))

Cl other (specify):

Description of grounds

Signature of	Date
police officer or
lawyer	Police officer/ Lawyer

Dated 30 April, 2020.

The Hon. Chief Justice PETER QUINLAN, Chief Justice of

Western Australia, Supreme Court of Western Australia.