Western Australian Current Acts Western Australian Current Acts (1) This section
applies where a child accused is in custody for an offence of murder so that
under section 15 only a judge of the Children’s Court has power to grant
bail.
(2) Where this section
applies, the judicial officer referred to in section 7(1) other than a judge
of the Children’s Court, shall, whether or not an application for bail
is made by the accused or on the accused’s behalf, cause the accused to
be taken as soon as is practicable before a judge of the Children’s
Court for the purpose of having the accused’s case for bail considered
by the judge.
(3) Notwithstanding
subsection (2), where —
(a) the
duty described in that subsection has been discharged once in relation to a
child accused’s case for bail; and
(b) bail
has on that occasion been refused by a judge of the Children’s Court,
the accused’s
case for bail need not be considered on any subsequent occasion in the same
case when the accused’s continued detention may be ordered unless
subsection (4) applies.
(4) On a subsequent
occasion the accused may apply to the judicial officer who may order the
accused’s continued detention for a reconsideration of the
accused’s case for bail on the ground that —
(a) new
facts have been discovered, new circumstances have arisen or the circumstances
have changed since bail was refused on the occasion mentioned in subsection
(3); or
(b) the
accused failed to adequately present the accused’s case for bail on that
occasion.
(5) If the judicial
officer is satisfied as to one or more of those grounds the judicial officer
shall cause the accused to be taken as soon as is practicable before a judge
of the Children’s Court for the purpose of having the accused’s
case for bail considered by the judge.
[Section 7C inserted: No. 6 of 2008 s. 9(1);
amended: No. 29 of 2008 s. 24(4).]