Western Australian Current Acts Western Australian Current Acts (1) An accused who,
without reasonable cause, fails to comply with the requirement of his bail
undertaking mentioned in section 28(2)(a) commits an offence.
(2) An accused who
fails to comply with the requirement of his bail undertaking mentioned in
section 28(2)(b) commits an offence.
(2a) An accused
—
(a)
whose bail undertaking includes any condition imposed for a purpose mentioned
in clause 2(2)(c) or (d) of Part D of Schedule 1; and
(b) who
fails to comply with the condition,
commits an offence.
(3) An accused shall
not be convicted in his absence of an offence against this section.
(4) An accused who is
charged with an offence against subsection (1) or (2) may be convicted of the
other of those offences if that other offence is proved by the evidence.
(5) A prosecution for
an offence against subsection (1), (2) or (2a) may be brought at any time.
(6) A person who is
convicted of an offence against subsection (1), (2) or (2a) is liable to a
fine not exceeding $10 000 or imprisonment for a term not exceeding 3 years,
or both.
(7) A court which
convicts an accused of an offence against this section may, in addition to any
penalty which it may impose, order that the accused pay such sum as it may fix
in or towards defraying the costs and expenses of and consequent upon his
apprehension following the failure to comply with his bail undertaking for
which he was convicted.
(8) An order made
under subsection (7) —
(a)
shall specify to whom and in what manner the sum shall be paid; and
(b) may
be enforced as though the sum were a penalty imposed under this section.
[Section 51 amended: No. 54 of 1998 s. 9; No. 59
of 2004 s. 141; No. 84 of 2004 s. 11 and 82; No. 6 of 2008 s. 18(3).]