Western Australian Current Acts

BAIL ACT 1982 - SECT 48

48 .         Surety may apply for cancellation of his undertaking

        (1)         A surety may apply to an appropriate judicial officer for cancellation of his undertaking.

        (2)         An application under subsection (1) may be made at any time before that specified, or deemed by section 31(3) to be specified, in the accused’s bail undertaking for his appearance in court.

        (3)         Upon an application being made under subsection (1) an appropriate judicial officer shall cause the accused to appear before him or another such officer and may issue a warrant or summons for that purpose.

        (4)         Upon the appearance of the accused before the time mentioned in subsection (2) an appropriate judicial officer shall —

            (a)         cancel the surety undertaking; and

            (b)         exercise one of the powers set out in section 55(1)(d) or (e).

        (5)         An application under subsection (1) must be made, and proceedings on it are to be conducted —

            (a)         in a court of summary jurisdiction — in accordance with the regulations;

            (b)         in the Supreme Court or the District Court — in accordance with rules of court.

        [Section 48 amended: No. 59 of 2004 s. 141; No. 84 of 2004 s. 7 and 82; No. 6 of 2008 s. 29.]