Western Australian Current Acts

BAIL ACT 1982

TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Terms used
            
   4.      Application of this Act
            
   4AB.    Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies
            
   4A.     Accused appearing on summons or court hearing notice, detention and bail of

   PART II -- Rights of accused in relation to bail  

   5.      Accused’s rights to have bail considered
            
   6.      Arresting officer’s duty to consider bail
            
   6A.     Officials considering bail may order release without bail
            
   7.      Unconvicted accused, court to consider bail for
            
   7A.     Bail may be dispensed with by court
            
   7B.     Adult accused of murder
            
   7C.     Child accused of murder
            
   7D.     Bail after initial decision by court, court’s duty as to
            
   7E.     Bail refused for trial, court’s duty during trial
            
   7F.     Appeal from court of summary jurisdiction, bail in case of
            
   8.      Accused to be given information, approved forms etc.
            
   9.      Bail decision may be deferred until more information obtained
            
   10.     Sections 5, 6 and 7 do not apply if accused imprisoned for other cause
            
   11.     Accused’s rights following grant of bail
            
   12.     Rights in s. 7A(2) and 11, limitations on

   PART III -- Jurisdiction relating to bail  

   13.     Jurisdiction to grant bail, who has and exercise of (Sch. 1)
            
   13A.    Jurisdiction in s. 7A to dispense with bail, who has and exercise of
            
   13B.    Notices under s. 13A(3), service and proof of
            
   14.     Judges, jurisdiction of
            
   15.     Accused charged with murder, jurisdiction as to bail for
            
   15A.    Appeal against judge’s decision on bail, commencement and conduct
            
   15B.    Appeal under s. 15A, determination
            
   16.     Person arrested on warrant, bail of
            
   16A.    Person arrested in urban area, restrictions on who can grant bail for in some cases
            
   16B.    Person linked to terrorism
            
   17.     Conditions on bail which may be imposed
            
   17A.    Child on bail, changing responsible person for (Sch. 1 Pt. C cl. 2)

   PART IV -- Hearing of case for bail, parties, and evidence  

   20.     Bail hearing for indictable offence, court may restrict publication or hold in private
            
   21.     Parties to bail proceedings
            
   22.     Evidence at bail hearings
            
   23.     Accused not bound to supply information
            
   24.     Court or authorised officer may ask police to verify accused’s information or make report
            
   24A.    Court may ask community corrections officer to verify accused’s information or make report
            
   25.     Information given by accused for bail purposes not admissible at trial
            
   26.     Record of bail decision and reasons
            
   27.     Relevant papers to be made available to court where accused to appear
            
   27A.    Bail with home detention, papers to be sent to CEO (corrections)

   PART V -- Bail undertakings  

   28.     Bail undertaking, when required and nature of
            
   29.     Before whom bail undertaking may be entered into
            
   30.     Duties of person before whom bail undertaking is entered into
            
   31.     Different time and place for appearance, substituting
            
   31A.    Conditions on bail, amending during trial
            
   32.     Notices under s. 31, service and proof of
            
   33.     Judicial officer may order accused to enter into bail undertaking
            
   34.     When bail undertaking ceases to have effect

   PART VI -- Sureties and surety undertakings  

   35.     Surety and surety undertaking
            
   36.     Sureties, who may approve
            
   37.     Proposed surety to receive certain information and form
            
   38.     Persons disqualified from being sureties
            
   39.     Matters to be regarded when approving sureties
            
   40.     Decision on application by proposed surety
            
   41.     Finality of decision to refuse approval of surety
            
   42.     Before whom surety undertaking may be entered into
            
   43.     Duties of person before whom surety undertaking is entered into
            
   43A.    Entering into surety undertaking where proposed surety interstate M
            
   44.     When surety undertaking extends to different time or different time and place substituted under s.
            
   45.      Notices under s. 44, service and proof of
            
   46.     Surety’s power to arrest accused
            
   47.     When surety undertaking ceases to have effect
            
   48.     Surety may apply for cancellation of his undertaking
            
   49.     Surety’s undertaking to pay money, enforcing
            
   50.     Indemnifying surety, offence

   PART VIA -- Administration of home detention conditions  

   50A.    Powers of CEO (corrections)
            
   50C.    Powers and duties of community corrections officers
            
   50D.    Powers of members of Police Force
            
   50E.    CEO (corrections) may substitute different place of detention and apply conditions
            
   50F.    CEO (corrections) may revoke bail
            
   50G.    Procedure on arrest after revocation under s. 50F
            
           50H. Rules of natural justice excluded
            
   50J.    Delegation by CEO (corrections)
            
   50L.    Rules for this Part

   PART VII -- Enforcement of bail undertakings  

   51.     Failing to comply with bail undertaking, offence
            
   51A.    Prosecuting s. 51 offence for non-appearance in court of summary jurisdiction
            
   52.     Prosecuting s. 51 offence for non-appearance in superior court
            
   53.     Appeal against decision made under s.
            
   54.      Bailed accused may be taken before judicial officer to show cause against variation or revocation of bail
            
   54A.    Accused on committal may be taken for purposes of s. 54 before judicial officer by which committed
            
   55.     Accused before court under s. 54, judicial officer may revoke bail of etc.
            
   57.     Offence under s. 51, court to order forfeiture of money under bail undertaking
            
   58.     Automatic forfeiture of money on expiration of one year after absconding

   PART VIII -- Miscellaneous  

   59.     Order for forfeiture, court’s additional powers as to
            
   59A.    If bail dispensed with, accused may be taken before judicial officer for reconsideration of matter
            
   59B.    Absconding accused, warrant for arrest of
            
   60.     Change of address, accused and surety to notify
            
   61.     Failing to bring arrested person before court or person able to grant bail, offence
            
   62.     Giving false information for bail purposes, offence
            
   63.     Protection from personal liability
            
   64.     Proving appearance or non-appearance by accused
            
   65.     Bail undertakings by child, effect of
            
   66.     Other powers or duties to grant bail abolished
            
   66A.    Delegation by registrar of court
            
   66B.    Video link or audio link, use of in bail proceedings
            
   66C.    Protection of terrorist intelligence information in bail proceedings
            
   66D.    Annual report to include information about application of s. 66C
            
           66E. Retrieving monitoring equipment
            
   67.     Regulations
            
   67A.     Review of amendments made by Bail Amendment (Persons Linked to Terrorism) Act 2019
           SCHEDULE 1 -- Jurisdiction as to bail and related matters
           SCHEDULE 2 -- Serious offences