Western Australian Current Acts

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BAIL ACT 1982 - SECT 28

28 .         Bail undertaking, when required and nature of

        (1)         A person shall not be released on bail for an appearance in court unless he has entered into a bail undertaking for that appearance or is deemed to have done so under section 31(3).

        (2)         A bail undertaking is an undertaking in writing by an accused in the prescribed form —

            (a)         that he will appear at a time and place specified, or deemed by section 31(3) to be specified, in the undertaking; and

            (b)         that if the accused fails to appear at that time and place the accused will, as soon as is practicable, appear at the court at which the accused was required to appear, when that court is sitting; and

            (c)         that he will comply with such conditions as may be imposed on him under clause 2 of Part D of Schedule 1; and

            (d)         that he will comply with any home detention condition which may be imposed as a condition on a grant of bail to him pursuant to clause 3 of Part D of Schedule 1,

                and containing any agreement as to forfeiture of money by the accused which may be required pursuant to clause 1 of that Part.

        (3)         A bail undertaking for any appearance may be entered into in respect of more than one offence.

        (4)         The undertakings mentioned in subsection (2)(a) and (b) are, subject to section 34, enforceable under sections 51, 57 and 58.

        [Section 28 amended: No. 61 of 1990 s. 9; No. 45 of 1993 s. 12; No. 59 of 2004 s. 141; No. 84 of 2004 s. 82; No. 6 of 2008 s. 18(1).]

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