Western Australian Current Acts Western Australian Current Acts (1) This section
applies if —
(a) an
accused is required to appear before a court in proceedings on a charge
against the accused other than the trial of the charge or sentencing
proceedings; and
(b) the
accused is in custody or detention, whether in relation to the charge or not;
and
(c)
there is a video link or audio link between the place of custody or detention
and the court.
(2) If the
accused’s appearance will be his or her first in relation to the charge,
the person in charge of the accused must ensure the accused is brought before
the court in person unless the court has ordered that the accused be brought
before the court by means of a video link or audio link.
(3) If the
accused’s appearance will be his or her second or subsequent in relation
to the charge, the person in charge of the accused must, despite any warrant
that requires the accused be brought before the court, ensure the accused
appears before the court by means of the video link or audio link, unless the
court has ordered that the accused be brought before the court in person.
(4) A court may make
an order under subsection (2) or (3) at any time on its own initiative or on
an application by a party to the case if it is satisfied it is in the
interests of justice to do so.
(5) An audio link must
not be used under this section unless a video link is not available and cannot
reasonably be made available.
(6) When the accused
appears before the court by means of a video link or audio link, the court
may, in relation to the charge, exercise any power in this Act and comply with
the Bail Act 1982 as if the accused were personally present before it.
(7) This section does
not affect the operation of the Sentencing Act 1995 section 14A.
[Section 77 amended: No. 2 of 2008 s. 20.]
[Section 77. Modifications to be applied in order
to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009.
See endnote 1M.]
[Section 77: modified by the
COVID-19 Response and Economic Recovery Omnibus Act 2020 (No. 34 of 2020)
Part 4 Division 4 Subdivision 2. See endnote 2M.]