Western Australian Current Acts Western Australian Current Acts (1) This section
applies to a police officer or other person (the arrester ) who —
(a)
charges a person who is under arrest (the accused ) with an offence; and
(b) does
not release the accused unconditionally under section 142 of the
Criminal Investigation Act 2006 ,
or who arrests a
person under a warrant.
(2) This section is
subject to —
(a) the
exercise of the power conferred by section 9; and
(b)
sections 10, 12 and 16 and Schedule 1 Part C clauses 3A, 3D and 3F.
(3) The duties in this
section shall be performed whether or not an application for bail is made by
or on behalf of the accused.
(4) As soon as is
practicable after the accused is charged, or arrested under a warrant, as the
case may be, the arrester shall either —
(a)
bring the accused or cause the accused to be brought before a court; or
(b)
perform the other duties of the arrester under this section.
(5) If the arrester
has power to grant the accused bail, the arrester shall consider the
accused’s case for bail.
(6) If the arrester
does not have power to grant the accused bail, the arrester shall, unless
subsection (8), (9), (10) or (11) applies, bring or cause the accused to be
brought before an authorised police officer or a justice or, in the case of a
child, any authorised officer or a justice, who shall consider the
accused’s case for bail as soon as is practicable.
(7) Even if the
arrester has power to grant the accused bail, the arrester may, instead of
complying with subsection (5), comply with subsection (6) as if the arrester
did not.
(8) If under
section 15 only a judge of the Supreme Court or a judge of the
Children’s Court has power to grant the accused bail, the arrester shall
bring the accused or cause the accused to be brought before a judge of the
Supreme Court or a judge of the Children’s Court, as the case requires,
who shall consider the accused’s case for bail as soon as is
practicable.
(9) If under
section 16 only a justice has power to grant the accused bail, the arrester
shall bring the accused or cause the accused to be brought before a justice,
who shall consider the accused’s case for bail as soon as is
practicable.
(10) If section 16A
applies, the arrester shall bring the accused or cause the accused to be
brought before a court or judge referred to in section 16A(1), who shall
consider the accused’s case for bail as soon as is practicable.
(11) If section 16B
applies, the arrester must bring the accused or cause the accused to be
brought before a court constituted by a judicial officer other than a justice,
who must consider the accused’s case for bail as soon as is practicable.
[Section 6 inserted: No. 59 of 2006 s. 4(1);
amended: No. 21 of 2017 s. 4; No. 15 of 2019 s. 5; No. 30 of 2020 s. 40.]