Western Australian Current Acts

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BAIL ACT 1982 - SECT 57

57 .         Offence under s. 51, court to order forfeiture of money under bail undertaking

        (1)         Where an accused is convicted of an offence against section 51(1), (2) or (2a), the court by which he is convicted shall, whether or not an application is made therefor by the prosecutor, order that the full amount agreed to be forfeited, in the accused’s bail undertaking, be forfeited to the State.

        (2)         Notwithstanding subsection (1), the court may decline to make an order thereunder or may order forfeiture in part only where the accused shows to the satisfaction of the judicial officer —

            (a)         that, by reason of a change of circumstances since the bail undertaking was entered into, an order for forfeiture, or for forfeiture in full (as the case may be), would cause excessive hardship to the accused or his dependants; and

            (b)         that such hardship would not be relieved by the exercise of one of the powers conferred by section 59.

        (3)         Without prejudice to the recovery of such an amount as a civil debt due to the State, any amount to be paid under an order made under this section is to be paid, and its payment may be enforced under Part 5 of the Fines, Penalties and Infringement Notices Enforcement Act 1994 , unless an order has been made under subsection (4).

        (4)         If under this section the Supreme Court or the District Court makes an order requiring the payment of money, the court may make an order under section 59 of the Sentencing Act 1995 in respect of the amount payable and for that purpose that section, with any necessary changes, applies as if the amount were a fine imposed on the accused.

        [Section 57 amended: No. 74 of 1984 s. 19; No. 92 of 1994 s. 7; No. 78 of 1995 s. 8; No. 54 of 1998 s. 11; No. 65 of 2003 s. 121(3); No. 84 of 2004 s. 82.]

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