Western Australian Current Acts

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BAIL ACT 1982 - SECT 9

9 .         Bail decision may be deferred until more information obtained

        (1)         Subject to section 26(2) of the Young Offenders Act 1994 , a judicial officer or authorised officer who is called upon to consider a case for bail may defer consideration of the case for a period not exceeding 30 days if the officer thinks it is necessary —

            (a)         to obtain more information for the purpose of making a decision in accordance with this Act; or

            (b)         to take any step authorised by section 24(1) or 24A(1) or (2); or

            (c)         without limiting paragraph (a) or (b) — to consider what, if any, conditions should be imposed to enhance the protection of an alleged victim of an offence with which the accused is charged, if —

                  (i)         the accused and the alleged victim are, or are reasonably believed by the officer to be, in a family relationship; or

                  (ii)         the offence charged is a sexual offence and the alleged victim is a person who is under 18 years of age when the case for bail is to be considered.

        (2)         Nothing in this section shall be taken to limit the right of an accused to be brought before a court as soon as is practicable if not released on bail.

        [Section 9 amended: No. 57 of 1997 s. 21(2); No. 84 of 2004 s. 82; No. 6 of 2008 s. 10(1); No. 30 of 2020 s. 42; No. 29 of 2022 s. 6.]

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