Western Australian Current Acts

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7D .         Bail after initial decision by court, court’s duty as to

        (1)         Notwithstanding section 7(1), after —

            (a)         the duty described in that subsection has been discharged once in relation to an accused’s case for bail; or

            (b)         a judge of the Children’s Court has considered the case under section 15,

                it is sufficient on any subsequent consideration of bail in the same case for a judicial officer, including a judge of the Children’s Court acting under section 15, to make inquiry of the accused in terms of subsection (2).

        (2)         The inquiry to be so made is —

            (a)         whether any new fact has been discovered or new circumstance has arisen, or whether the circumstances have changed, since bail was previously granted or refused; and

            (b)         whether the accused considers that the accused failed to adequately present the accused’s case for bail on a previous occasion.

        (3)         Unless the judicial officer is satisfied that there is any reason of the kind mentioned in subsection (2) for not doing so, the judicial officer may adopt the decision previously made in the case, but with power to make such variations of the terms and conditions of bail as the judicial officer thinks fit.

        [Section 7D inserted: No. 6 of 2008 s. 9(1).]

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