Western Australian Current Acts Western Australian Current Acts (1) In this section
—
amendment means an addition, variation or
cancellation under subsection (2);
trial means that part of proceedings for an
offence when evidence is being received by the court in respect of the offence
and also extends to any time when —
(a)
legal argument is being heard; or
(b) a
judicial officer or a jury is deliberating.
(2) Where —
(a) an
accused has been granted bail for the accused’s appearance for trial for
an offence; and
(b) the
trial extends beyond one day,
a judicial officer who
grants bail for the next appearance by exercising the power in
section 31(2)(a) may also do one or more of the following —
(c) add
any condition to the extent that is authorised by clause 2 or 3 of Part D of
Schedule 1;
(d) vary
a condition to that extent;
(e)
cancel a condition.
(3) A judicial officer
who adds, varies or cancels a condition under subsection (2) shall cause an
officer of the court —
(a) to
endorse the amendment on the accused’s copy of the bail undertaking or,
if that copy is not available for endorsement, to give written notice of the
amendment to the accused; and
(b) to
endorse on a file copy of the undertaking a certificate as to the amendment
and the action taken under paragraph (a).
(4) If the judicial
officer considers that the amendment is of a minor nature, the judicial
officer may, for the purposes of section 44(4), cause the officer of the court
to include a statement to that effect in the endorsement or notice under
subsection (3)(a) and the certificate under subsection (3)(b).
(5) When action is
taken under subsection (3)(a) —
(a) the
bail undertaking is to be regarded as having been amended as provided in the
endorsement or notice, as the case requires; and
(b) the
terms and conditions of the bail undertaking continue to apply as so amended
as if the accused had entered into the bail undertaking in that form.
(6) In any proceedings
an endorsement on a copy of a bail undertaking referred to in subsection
(3)(b) purporting to be a certificate referred to in that paragraph is
evidence of the matters appearing in it without proof of the signature of the
person who made the endorsement.
[Section 31A inserted: No. 6 of 2008 s. 22(1).]