Western Australian Current Acts Western Australian Current Acts (1) A judicial officer
who is called upon to consider a case for bail may refer to a community
corrections officer any matter referred to in section 24(1) and may request a
community corrections officer to do any matter referred to in that section.
(2) A judicial officer
who is called upon to consider a case for bail and who desires to impose a
home detention condition as a condition on a grant of bail, shall request that
a report be made by a community corrections officer about the suitability of
the accused to be subject to a home detention condition.
(3) Where a reference
or a request is made under subsection (1) or a report is requested under
subsection (2) a community corrections officer shall, as soon as is
practicable, make a report to the judicial officer and, at the discretion of
the judicial officer, copies may be made available to the prosecution or to
the accused or his solicitor or counsel.
(4) Where a community
corrections officer makes a report that an accused is suitable to be subject
to a home detention condition, the officer must —
(a)
include in the report a recommendation as to whether or not the accused is
suitable for electronic monitoring while the accused is subject to the home
detention condition; and
(b)
annex to the report, and provide to the accused or the accused’s
solicitor or counsel, a list of those conditions in rules made under
section 50L that may be applied to the accused by the CEO (corrections) while
the accused is subject to the home detention condition.
(5) However,
subsection (4)(a) does not apply to a report in relation to an accused
referred to in Schedule 1 Part C clause 3F(1) or 3G(1).
[Section 24A inserted: No. 61 of 1990 s. 7;
amended: No. 31 of 1993 s. 9; No. 84 of 2004 s. 82; No. 65 of 2006 s. 53; No.
13 of 2020 s. 24; No. 28 of 2024 s. 11.]