Western Australian Current Acts Western Australian Current Acts (1) This section
applies if —
(a) the
alleged offender is brought before a court under section 101 (the court ); and
(b)
there is no application, or no longer any application, before the court for
the alleged offender to be dealt with under Division 13 for the alleged
contravention; and
(c) the
court is aware that there is an application before another court (the other
court ) for the alleged offender to be dealt with under Division 13 for the
alleged contravention.
(2) The court must,
without delay —
(a)
order that the alleged offender is to be released from custody upon the
alleged offender entering into a bond (with or without surety or security)
that the alleged offender will attend before the other court on a date, at a
time and at a place specified by the court; or
(b)
order the arresting person to arrange for the alleged offender to be brought
before the other court on such date and at such time as the court specifies,
being a date and time such that the alleged offender is to be brought before
the other court as soon as practicable, and in any event not more than 72
hours, after the order is made.
(3) If a court makes
an order under subsection (2)(b) for the alleged offender to be brought before
another court —
(a)
subject to paragraph (c), the alleged offender may be kept in custody until
the alleged offender is brought before the other court; and
(b) if
the alleged offender is brought before the other court as required by the
order, the other court must, without delay, proceed to hear and determine the
application mentioned in subsection (1)(c); and
(c) if
the alleged offender is not brought before the other court as required by the
order, the alleged offender must be released without delay.
[Section 103 amended: No. 25 of 2002 s. 10 and
74(1).]