Western Australian Current Acts

BAIL ACT 1982 - SECT 15B

15B .         Appeal under s. 15A, determination

        (1)         The Court of Appeal has jurisdiction to hear and determine an appeal under section 15A.

        (2)         The Court of Appeal shall determine an appeal on the material and evidence that was before the judge whose decision is the subject of the appeal.

        (3)         Any decision of the Court of Appeal in relation to bail shall be made in accordance with the relevant provisions of sections 13A and 17 and Schedule 1.

        (4)         Where in determining an appeal the Court of Appeal revokes the bail of an accused who is at liberty, it may order that the accused be returned to custody to await the appearance for which the bail was granted.

        (5)         Where in determining an appeal the Court of Appeal varies the bail of an accused who is at liberty, it may order that the accused be returned to custody until the accused becomes entitled to be again at liberty pursuant to section 11.

        (6)         A judge of appeal may issue any warrant that may be necessary to carry into effect an order under subsection (4) or (5).

        [Section 15B inserted: No. 6 of 2008 s. 16(1).]