Western Australian Current Acts

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BAIL ACT 1982 - SECT 15A

15A .         Appeal against judge’s decision on bail, commencement and conduct

        (1)         In this section —

        bail decision means a decision —

            (a)         to grant or refuse bail; or

            (b)         to vary or revoke bail; or

            (c)         to dispense with the requirement for bail; or

            (d)         to impose any condition on a grant of bail,

        and includes a decision under section 55 or 59A(4).

        (2)         The prosecutor or the accused may appeal to the Court of Appeal against a bail decision of —

            (a)         a judge of the Children’s Court; or

            (b)         a judge of the District Court; or

            (c)         a judge of the Supreme Court; or

            (d)         a single judge of appeal.

        (3)         The leave of the Court of Appeal is required for each ground of appeal in an appeal under this section.

        (4)         The Criminal Appeals Act 2004 section 27(2), (3) and (4) apply, with necessary modifications, as if an appeal under this section were an appeal under Part 3 of that Act.

        (5)         An appeal under this section shall be commenced and conducted in accordance with this section, section 15B and rules of court made by the Supreme Court.

        (6)         An appeal under this section shall be commenced by lodging with the Court of Appeal an application for leave to appeal that sets out the grounds of the appeal.

        (7)         An appeal under this section cannot be commenced later than 21 days after the date of the bail decision unless the Court of Appeal orders otherwise.

        (8)         An accused who is a party to an appeal under this section and who is in custody is entitled to be present at the hearing of the appeal if the accused so requests, and any official responsible for that custody who is informed of such a request shall do what is necessary to give effect to it.

        (9)         For the purposes of giving effect to a request referred to in subsection (8), arrangements may be made for the accused to appear before the Court of Appeal by means of a video link or an audio link in accordance with section 66B, unless the Court of Appeal has ordered that the accused appear before it in person.

        [Section 15A inserted: No. 6 of 2008 s. 16(1); amended: No. 18 of 2022 s. 7.]

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