Western Australian Current Acts

BAIL ACT 1982 - SECT 66B

66B .         Video link or audio link, use of in bail proceedings

        (1)         In this section —

        audio link means facilities (including telephone) that enable, at the same time, a judicial officer or authorised officer at one place to hear the accused at another place and vice versa;

        bail proceedings means any proceedings under this Act including —

            (a)         proceedings on a case for bail;

            (b)         proceedings relating to the variation or revocation of bail;

            (c)         proceedings on an application under section 48 or 49;

            (d)         proceedings on an appeal under section 15A or 53;

        video link means facilities (including closed circuit television) that enable, at the same time, a judicial officer or authorised officer at one place to see and hear the accused at another place and vice versa.

        (2)         Bail proceedings may be conducted by means of a video link or an audio link.

        (3)         Without limiting subsection (2), if a provision of this Act requires or authorises an accused to be brought before, or appear before, a court, judicial officer or authorised officer, the accused may be brought before, or appear before, the court or officer by means of a video link or an audio link.

        (4)         An audio link is not to be used under this section unless a video link is not available and cannot reasonably be made available.

        (5)         Nothing in this section prevents a court, judicial officer or authorised officer from requiring that an accused be brought before, or appear before, the court or officer in person for the purposes of bail proceedings.

        [Section 66B inserted: No. 6 of 2008 s. 40(1).]