Western Australian Current Acts

BAIL ACT 1982 - SECT 58

58 .         Automatic forfeiture of money on expiration of one year after absconding

        (1)         If after the expiration of one year from the day on which the accused is required to appear in court in accordance with the requirement of his bail undertaking mentioned in section 28(2)(a) he has not —

            (a)         been arrested under section 59B; or

            (b)         appeared in court in accordance with the requirement of his bail undertaking mentioned in section 28(2)(b); or

            (c)         otherwise surrendered himself or been taken into custody to be dealt with on the charge or charges for which the bail undertaking was entered into,

                the full amount specified in the bail undertaking shall, on the expiration of the said period, be forfeited to the State by virtue of this section without any order of the court or other formality.

        (2)         Upon the occurrence of a forfeiture under subsection (1) any security given by the accused may be resorted to by the State as if an order of forfeiture had been made under section 57(1).

        [Section 58 amended: No. 65 of 2003 s. 121(3); No. 84 of 2004 s. 82; No. 6 of 2008 s. 18(3) and 36(2).]