Western Australian Current Acts

CORRUPTION, CRIME AND MISCONDUCT ACT 2003 - SECT 150

150 .         Supreme Court may review detention of arrested person

        (1)         A person who has not been released by the Commission under section 148(6)(b) or whose release under that provision is subject to one or more conditions may apply to the Supreme Court for a review of the decision not to release the person or of the terms of one or more of those conditions.

        (2)         The Supreme Court may do any or all of the following —

            (a)         affirm or set aside a decision by the Commission not to release the person or any condition imposed by the Commission on the release of the person;

            (b)         make any order that the Commission may make in relation to the detention or release of the person;

            (c)         order the person be brought before the Supreme Court.

        (3)         The Supreme Court may also exercise its powers under subsection (2) where the Commission has not made a decision on the release of the person.

        (4)         An order under subsection (2) is taken to be an order of the Commission.

        (5)         The Commission shall facilitate the person’s access to legal representation in order to make an application under subsection (1).

        [Section 150 inserted: No. 78 of 2003 s. 17; amended: No. 8 of 2009 s. 41(7).]

        [Part 9 heading, formerly Part 3 heading, renumbered: No. 78 of 2003 s. 35(2).]