Western Australian Current Acts

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BAIL ACT 1982 - SECT 59A

59A .         If bail dispensed with, accused may be taken before judicial officer for reconsideration of matter

        (1)         In this section —

        relevant officer has the meaning given in section 54(1a).

        (2)         Where the requirement for bail has been dispensed with for an accused under section 7A, the relevant officer may cause the accused to appear before an appropriate judicial officer for reconsideration of the matter, if the relevant officer has reasonable grounds to believe that the accused is not likely to appear at the time and place specified in a notice under section 13A(3).

        (3)         Section 54(2), (2a), (3) and (4) apply, with necessary modifications, for the purposes of subsection (2).

        (4)         The judicial officer before whom an accused appears under subsection (2) shall reconsider the accused’s case and may, notwithstanding section 13

            (a)         again dispense with the requirement for bail; or

            (b)         grant bail; or

            (c)         refuse to grant bail,

                in accordance with this Act, for the accused’s appearance in court.

        (5)         If —

            (a)         the court before which the accused is required to appear is the District Court, the Supreme Court or the Court of Appeal; and

            (b)         a police officer is satisfied that because of the urgency of the case it is not practicable for the prosecutor to exercise the power conferred by subsection (2),

                the police officer may exercise that power.

        (6)         If a police officer, acting under subsection (5), exercises the power conferred by subsection (2), the police officer is to be regarded as the relevant officer for the purposes of this section.

        [Section 59A inserted: No. 6 of 2008 s. 36(1).]

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