Western Australian Current Acts

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BAIL ACT 1982 - SECT 16A

16A .         Person arrested in urban area, restrictions on who can grant bail for in some cases

        (1)         Where this section applies to a person who has been arrested for an offence jurisdiction does not arise under section 13 until the person is brought before —

            (a)         a court constituted by or so as to include a magistrate; or

            (b)         where section 15 applies, a judge of the Supreme Court or a judge of the Children’s Court as the case may require.

        (2)         This section applies where —

            (a)         a person has been arrested in an urban area for a serious offence; and

            (b)         the serious offence is alleged to have been committed while the accused was —

                  (i)         on bail for; or

                  (ii)         at liberty under an early release order made in respect of,

                another serious offence.

        [(3)         deleted.]

        (4)         In this section —

        urban area means —

            (a)         the metropolitan region as defined in the Planning and Development Act 2005 and any prescribed area that adjoins that region; and

            (b)         any other prescribed area of the State, being the whole or part of, or an area adjoining, a local government district under the Local Government Act 1995 that is designated under that Act as a city or a town.

        [Section 16A inserted: No. 54 of 1998 s. 6(1); amended: No. 38 of 2004 s. 59; No. 84 of 2004 s. 82; No. 38 of 2005 s. 15; No. 49 of 2016 s. 88; No. 13 of 2020 s. 23.]



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