Western Australian Current Acts Western Australian Current Acts (1) When —
(a) bail
has been granted to an accused for an appearance in court; and
(b) all
conditions which are to be complied with before the release of the accused
have been complied with; and
(c) he
has entered into a bail undertaking for that appearance or his bail
undertaking is deemed to be amended under section 31(3),
the accused has a
right to be at liberty until he is required to appear, or to next appear,
before a court, but subject to —
(d) any
requirement that he be in custody for some other reason; and
(e) the
exercise of the powers in sections 14(3), 17A, 46, 50F, 50Q, 54 and 55; and
(f) the
limitation mentioned in section 12.
(2) Where the accused
is in custody in a lock-up, court custody centre or prison, the right
conferred by subsection (1) is also subject to the person in charge of the
lock-up, court custody centre or prison either —
(a)
signing a certificate under subsection (3); or
(b)
receiving notice that a certificate has been signed by another person under
that subsection.
(3) After an accused
becomes entitled to be at liberty as provided in subsection (1), a person
referred to in section 29 may sign a certificate to that effect in the
prescribed form.
(4) The person in
charge of a lock-up, court custody centre or prison in which the accused is in
custody shall release the accused from custody as soon as is practicable after
—
(a) the
person in charge signs the certificate; or
(b) if
the certificate is signed by a person other than the person in charge, the
person in charge receives notice as described in subsection (2)(b).
[Section 11 amended: No. 74 of 1984 s. 7; No. 15
of 1988 s. 7; No. 49 of 1988 s. 81; No. 45 of 1993 s. 7; No. 47 of 1999 s. 8;
No. 59 of 2004 s. 141; No. 84 of 2004 s. 82; No. 6 of 2008 s. 11(1) and (2);
No. 28 of 2024 s. 8.]