Western Australian Current Acts Western Australian Current Acts (1) A surety
undertaking does not extend to the failure by the accused to appear at a
different time or a different time and place substituted pursuant to
section 31 unless —
(a) the
surety undertaking contains a provision stating that it does so extend and,
where applicable under subsection (5), the surety has received notice as
mentioned in that subsection; or
(b)
subsection (2) applies.
(2) A surety
undertaking extends to the failure by the accused to appear at a different
time substituted pursuant to section 31 during a trial if, at the option of
the surety, the undertaking contains a provision stating —
(a) that
it does so extend; and
(b) the
effect of subsection (4).
(3) In 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.
(4) Subsection (2)
applies despite any amendment as defined in section 31A(1) if the endorsement
or notice under section 31A(3)(a) in respect of the amendment includes a
statement referred to in section 31A(4).
(5) A surety
undertaking may, at the option of the surety, also contain a provision stating
that where —
(a) a
different time or a different time and place for the accused’s
appearance is substituted pursuant to section 31; and
(b)
subsection (2) does not apply,
the surety’s
liability only arises if the surety is given notice, as soon as is
practicable, of the different time or the different time and place.
(6) Where, by
operation of this section, a surety undertaking would extend to the failure by
the accused to appear at a different time or a different time and place
substituted pursuant to section 31, that extension is not affected by a
reduction in the number of offences to which the accused’s bail
undertaking relates.
[Section 44 inserted: No. 6 of 2008 s. 27(1).]