Western Australian Current Acts Western Australian Current Acts (1) In this section
—
judge means a judge of the Supreme Court.
(2) This section
applies where —
(a) an
accused is in custody for an offence of murder so that under section 15 only a
judge has power to grant bail; and
(b) the
accused is not a child.
(3) Where this section
applies the accused, or a person on the accused’s behalf, may make an
application to a judge for bail at any time before conviction for the offence.
(4) Upon an
accused’s initial appearance in court for an offence of murder, the
judicial officer who may order the accused’s detention in custody is
under a duty to inform the accused of the right conferred by subsection (3).
(5) Where —
(a) an
accused’s case for bail has been considered by a judge on an application
under subsection (3); and
(b) bail
has been refused,
the accused’s
case for bail shall not be considered on any subsequent occasion in the same
case when the accused’s continued detention may be ordered unless
subsection (6) applies.
(6) The
accused’s case for bail shall again be considered by a judge if the
accused, or a person on the accused’s behalf, applies to a judge and
satisfies the judge that —
(a) new
facts have been discovered, new circumstances have arisen or the circumstances
have changed since bail was refused; or
(b) the
accused failed to adequately present the accused’s case for bail on the
previous occasion.
(7) Where —
(a) an
accused’s case for bail has been considered by a judge on an application
under subsection (3); and
(b) bail
has been granted,
on any subsequent
appearance in the same case a judicial officer may order, notwithstanding
section 15, that bail is to continue on the same terms and conditions.
(8) The accused is to
be taken before a judge for the purposes of an application under this section
only if the judge so orders.
[Section 7B inserted: No. 6 of 2008 s. 9(1);
amended: No. 29 of 2008 s. 24(2) and (3).]