Western Australian Current Acts Western Australian Current Acts (1) On the
consideration by a judicial officer of a case for bail of an accused who is
charged with an offence triable by jury, the judicial officer may, to avoid
prejudice to either party, exercise the powers described in subsection (2),
but shall only exercise the power in paragraph (b) thereof if he considers
that the exercise of the power in paragraph (a) is not, on its own, likely to
be sufficient to avoid prejudice.
(2) The powers
referred to in subsection (1) are to order —
(a) that
no report, or summary, of any statement, or of any specified statement, made
or furnished at the hearing shall be published by any means;
(b) that
the bail application be heard in camera .
(3) Where an order is
made under subsection (2)(a), no report, or summary, of any statement referred
to in that paragraph shall be published by any means —
(a) if
the offence is one that may be tried on indictment, before a court decides
that it is to be tried on indictment; or
(b) if
the accused is discharged from further proceedings upon the prosecution notice
or indictment brought against him for the offence, before he is so discharged;
or
(c) if
the accused is tried on indictment for the offence, before the trial is ended.
(4) A person who,
except with lawful excuse, fails to comply with an order made under this
section commits an offence.
Penalty: $1 000.
[Section 20 amended: No. 50 of 2003 s. 37(2); No.
4 of 2004 s. 58; No. 84 of 2004 s. 11 and 82.]