Information prescribed for sections 8(1)(a) and 37(1)(b) of the Act 1
Forms prescribed 2
7AA. Entering information on ECMS 3
7AB. Providing notice under section 13A(3) of the Act electronically 3
7A. Notice under s. 13A(3) of the Act to be made available to court before which accused to appear 4
Relevant papers prescribed for s. 27 of the Act 5
8A. Amending bail undertaking electronically 6
8B. Giving and proof of notices under section 32(1) of the Act 7
Notice of application for approval as a surety 8
9AA. Provision of information and form to surety undertaking electronically 9
9AB. Provision of surety undertaking to proposed surety electronically 9
9AC. Provision of notice to surety electronically 10
9A. Application for cancellation of surety undertaking — court of summary jurisdiction 11
9B. Application for forfeiture of amount in surety undertaking — court of summary jurisdiction 12
Accused to be given copy of conditions applicable to home detention condition or electronic monitoring condition 13
10A. Notifying change of residential address 13
10B. Certificate of non‑appearance 14
Formalities for undertaking under Schedule 1 Part C clause 2(3)(c) 14
Persons and programmes prescribed for Schedule 1 Part D clause 2(2b) 15
Schedule
Form 1
Summary 16
Bail information form 16
At time of arrest 16
On appearance in court 17
Warrant cases 18
Where charge is murder 18
Decision may be delayed 18
How decision to be made — adult 18
8A. How decision to be made — child 18
8B. Where serious offence committed while on bail for another serious offence 19
Points to be considered 19
Conditions 20
Accused to receive copy of bail decision form or court record 20
Bail undertaking 21
Release from custody 21
Reconsideration of decision 21
Application to judge 21
Sureties 22
False information 22
Offence to compensate surety 22
Form 6
Form 8
Form 9
Contents of this form 37
Meaning and function of surety 37
Information to be given to surety 37
Application for approval 38
Disqualified persons 38
Points to be considered 38
Reconsideration 39
Copy of surety undertaking 39
Remand etc. of accused to later date 39
Change of address 39
Action by surety where accused likely to default 39
Cancellation of surety undertaking 40
Enforcing payment by surety 40
Cases of hardship 40
Surety becoming unsuitable 40
Offence to compensate surety 41
Form 11
Notes
Compilation table 43
Defined terms
Bail Act 1982
Bail Regulations 1988
1. Citation
These regulations may be cited as the Bail Regulations 1988.
2. Commencement
These regulations shall come into operation on the day on which the Bail Act 1982 comes into operation.
3A. Terms used
In these regulations —
approved user, of the ECMS, has the meaning given in the Criminal Procedure Regulations 2005 regulation 3(1);
Department means the department of the Public Service principally assisting in the administration of the Act;
ECMS means the electronic case management system for the management of proceedings in Western Australian courts and tribunals;
working day means a day other than a Saturday, a Sunday, or a public holiday.
[Regulation 3A inserted: Gazette 12 Sep 2014 p. 3282; amended: Gazette 29 Jun 2018 p. 2436; 31 Dec 2019 p. 4669‑70.]
3. Information prescribed for sections 8(1)(a) and 37(1)(b) of the Act
(1) The information set out in Form 1 in the Schedule is prescribed for the purposes of section 8(1)(a) of the Act.
(2) The information set out in Form 9 in the Schedule is prescribed for the purposes of section 37(1)(b) of the Act.
[4, 5. Deleted: Gazette 25 Feb 2009 p. 473.]
6. Forms prescribed
(1) A form referred to in the second column of the table at the foot of this regulation is prescribed for the purposes of the provision or provisions of the Act specified opposite thereto in the first column of the table.
(2) The forms so prescribed are set out in the Schedule.
(3) Form 6 consists of a court copy, a releasing authority’s copy and an accused’s copy as set out in the Schedule.
(4) The form referred to in section 30(2)(b) of the Act may be printed on the reverse of the accused’s copy of Form 6.
Table
Provision of ActForm
s. 11(3) The form “certificate to authorise release” at the foot of the releasing authority’s copy of Form 6
s. 28(2) Form 6 (bail undertaking)
s. 37(1)(a) Form 8 Part A (notice to surety as to terms of bail)
s. 37(1)(c) Form 8 Part B (declaration by proposed surety)
s. 50F(5) and 50Q(5) Form 11 (warrant to arrest)
[Regulation 6 amended: Gazette 22 Mar 1991 p. 1212; 4 Mar 1994 p. 852; 25 Feb 2009 p. 473-4; 12 Sep 2014 p. 3282; SL 2024/252 r. 4.]
7AA. Entering information on ECMS
(1) Each form in the Schedule may be completed electronically by an approved user by entering the information required to complete the form into the ECMS.
(2) If a hard copy of a form in the Schedule is handed to a court, an officer of the court must enter the information contained in the form into the ECMS.
[Regulation 7AA inserted: Gazette 12 Sep 2014 p. 3282‑3; amended: Gazette 31 Dec 2019 p. 4670.]
7AB. Providing notice under section 13A(3) of the Act electronically
(1) For the purposes of section 13B(1)(c) of the Act, written notice to the accused under section 13A(3) of the Act may be provided to the accused by —
(a) faxing the notice to a fax number provided by the accused; or
(b) emailing the notice (whether or not as an attachment) to an email address provided by the accused; or
(c) sending the notice by text message to a mobile phone number provided by the accused.
(2) For the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 11, the certificate referred to in section 13B(2) of the Act —
(a) may be incorporated in an electronic form of the file copy of the notice to the accused by noting the matters referred to in that subsection on the ECMS in respect of the notice; or
(b) may be associated electronically with the file copy of the notice to the accused by means of the ECMS.
(3) A certificate referred to in section 13B(2) of the Act is authenticated for the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 10 if —
(a) the certificate is produced by means of the ECMS; and
(b) the name of the person who gave, sent or provided the notice is recorded on the certificate.
(4) If a notice is sent by electronic means in accordance with this regulation the notice is to be presumed, unless the contrary is shown, to have been received —
(a) if the fax, email or text message is sent before 4.00 p.m. on a working day — on that day; or
(b) otherwise — on the next working day after the fax, email or text message is sent.
[Regulation 7AB inserted: Gazette 12 Sep 2014 p. 3283; amended: Gazette 31 Dec 2019 p. 4670.]
7A. Notice under s. 13A(3) of the Act to be made available to court before which accused to appear
If under section 7A of the Act a judicial officer dispenses with the requirement for bail for an appearance by an accused, the judicial officer must ensure that a copy of the notice given to the accused under section 13A(3) of the Act is made available as soon as is practicable to the court before which the accused is required to appear.
[Regulation 7A inserted: Gazette 25 Feb 2009 p. 474; amended: Gazette 12 Sep 2014 p. 3284.]
7. Relevant papers prescribed for s. 27 of the Act
(1) For the purposes of the definition of the relevant papers in section 27(2) of the Act —
(a) the following papers are to be made available by an authorised officer or a judicial officer who considers the accused’s case for bail —
(i) the form referred to in section 8(1)(b) of the Act;
(ii) if section 26(1) of the Act applies — the bail record form;
(b) the following papers are to be made available by a person before whom a bail undertaking has been entered into —
(i) the bail undertaking entered into;
(ii) any passbook or document deposited and any document completed by the accused pursuant to a condition imposed under Schedule 1 Part D clause 1(2)(d) or (e) of the Act;
(c) the following papers are to be made available by a person before whom a surety undertaking is entered into —
(i) Form 8 in relation to the surety;
(ii) any passbook or document deposited and any document completed by the accused pursuant to a condition imposed under Schedule 1 Part D clause 1(2)(d) or (e) of the Act.
(2) Subregulation (1) does not apply —
(a) if the papers concerned are completed or deposited at the court before which the accused is required to appear; or
(b) in circumstances involving a committal to the Supreme Court or District Court or a change of venue of any proceedings, if the papers concerned are in the custody of the court from which the committal is made or the venue is changed.
(3) A relevant paper made available electronically that is required to be signed by a person is authenticated for the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 10 if —
(a) an electronic version of it that includes the signature on it is made available; or
(b) the electronic version that is made available states the name of the person whose signature it is at any place where a signature appears in the paper version.
(4) A person who makes available electronically a relevant paper that is required to be signed must ensure that, subject to any order of the court, arrangements are made for the retention of a paper version of the relevant paper that was —
(a) signed according to law; and
(b) held by the person at the time the paper was made available.
[Regulation 7 inserted: Gazette 25 Feb 2009 p. 475-6; amended: Gazette 12 Sep 2014 p. 3284.]
8A. Amending bail undertaking electronically
(1) For the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 11, the certificate referred to in section 31A(3)(b) of the Act, including any statement referred to in section 31A(4) of the Act, may be incorporated in an electronic form of the court copy of the bail undertaking by an officer of the court noting in the ECMS the relevant matters in respect of the bail undertaking.
(2) A certificate incorporated in a bail undertaking under subregulation (1) is authenticated for the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 10 if the name of the officer of the court who notes the relevant matters in the ECMS is stated on the electronic form of the court copy of the bail undertaking.
[Regulation 8A inserted: Gazette 12 Sep 2014 p. 3284‑5; amended: Gazette 31 Dec 2019 p. 4670.]
8B. Giving and proof of notices under section 32(1) of the Act
(1) For the purposes of section 32(1)(c) of the Act, written notice to the accused under section 31(2) of the Act may be provided to the accused by —
(a) faxing the notice to a fax number provided by the accused; or
(b) emailing the notice (whether or not as an attachment) to an email address provided by the accused; or
(c) sending the notice by text message to a mobile phone number provided by the accused.
(2) For the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 11, the certificate referred to in section 32(2) of the Act —
(a) may be incorporated in an electronic form of the file copy of the notice to the accused by noting the relevant matters in the ECMS in respect of the notice; or
(b) may be associated electronically with the file copy of the notice to the accused by means of the ECMS.
(3) A certificate referred to in section 32(2) of the Act is authenticated for the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 10 if —
(a) the certificate is produced by means of the ECMS; and
(b) the name of the person who gave, sent or provided the notice is recorded on the certificate.
(4) If a notice is sent by electronic means in accordance with this regulation, the notice is to be presumed, unless the contrary is shown, to have been received —
(a) if the fax, email or text message is sent before 4.00 p.m. on a working day — on that day; or
(b) otherwise — on the next working day after the fax, email or text message is sent.
(5) For the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 11, a certificate referred to in section 32(4) of the Act may be incorporated electronically in the accused’s bail undertaking by noting the relevant matters on an electronic form of the undertaking by means of the ECMS.
[Regulation 8B inserted: Gazette 12 Sep 2014 p. 3285‑6; amended: Gazette 31 Dec 2019 p. 4670.]
8. Notice of application for approval as a surety
(1) This regulation applies if an order is made under section 36(2)(a) of the Act requiring notice of an application for approval as a surety to be given to the prosecutor, except to the extent that the order provides differently.
(2) The surety approval officer must give, or cause to be given, to the prosecutor notice of the application including the name, date of birth, address and occupation of the applicant.
(3) If the prosecutor wishes to make representations to the surety approval officer as to the suitability of the applicant, the prosecutor must make those representations as soon as possible and, in any event, within 24 hours after receiving notice of the application.
(4) Notice of the application may be given, and any representations under subregulation (3) may be made, orally or in writing.
(5) If the prosecutor is a police officer it is sufficient compliance with subregulation (2) for notice of the application to be given to —
(a) a police officer having knowledge of the accused’s case; or
(b) the officer in charge of the police station or lock‑up closest to the place where the surety approval officer is performing his or her duties.
[Regulation 8 inserted: Gazette 25 Feb 2009 p. 476-7.]
9AA. Provision of information and form to surety undertaking electronically
(1) The notice, information and declaration referred to in section 37(1) of the Act may be provided to the applicant by —
(a) faxing the notice, information or declaration to a fax number provided by the applicant; or
(b) emailing the notice, information or declaration (whether or not as an attachment) to an email address provided by the applicant.
(2) The declaration referred to in section 37(1)(c) of the Act, duly completed, may be provided to the surety approval officer by —
(a) faxing the declaration to a fax number provided by the surety approval officer; or
(b) emailing the declaration (whether or not as an attachment) to an email address provided by the surety approval officer.
[Regulation 9AA inserted: Gazette 12 Sep 2014 p. 3286.]
9AB. Provision of surety undertaking to proposed surety electronically
(1) For the purpose of section 43A(4) and (7) of the Act, the relevant official may provide a surety undertaking for completion or a copy of a completed surety undertaking, as required, to a person by —
(a) faxing the document to a fax number provided by the person; or
(b) emailing the document (whether or not as an attachment) to an email address provided by the person.
(2) For the purpose of section 43A(5) of the Act, the proposed surety may provide the completed surety undertaking to the relevant official by electronic communication by —
(a) faxing the declaration to a fax number provided by the relevant official; or
(b) emailing the declaration (whether or not as an attachment) to an email address provided by the relevant official.
(3) An electronic copy of a surety undertaking certified to be a copy of a surety undertaking entered into in accordance with section 43A of the Act is authenticated for the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 10 if the electronic copy states the name of the relevant official by whom the certification is made.
[Regulation 9AB inserted: Gazette 12 Sep 2014 p. 3286‑7.]
9AC. Provision of notice to surety electronically
(1) For the purpose of section 45(1)(c)(ii) of the Act, the approved form may be provided to the surety by —
(a) faxing the form to a fax number provided by the surety; or
(b) emailing an electronic version of the form (whether or not as an attachment) to an email address provided by the surety.
(2) For the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 11, the certificate referred to in section 45(2) of the Act —
(a) may be incorporated in an electronic form of the file copy of the notice to the surety by noting the relevant matters in the ECMS in respect of the notice; or
(b) may be associated electronically with the file copy of the notice to the surety by means of the ECMS.
(3) If an approved form is provided by electronic means in accordance with this regulation, the form is to be presumed, unless the contrary is shown, to have been received —
(a) if the fax or email is sent before 4.00 p.m. on a working day — on that day; or
(b) otherwise — on the next working day after the fax or email is sent.
(4) An endorsement on an electronic form of a notice given under section 45(1)(b) or (c) of the Act that purports to be a certificate referred to in section 45(2) of the Act is authenticated for the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 10 if the electronic version states the name of the person who made the endorsement.
[Regulation 9AC inserted: Gazette 12 Sep 2014 p. 3287‑8; amended: Gazette 31 Dec 2019 p. 4670.]
9A. Application for cancellation of surety undertaking — court of summary jurisdiction
(1) This regulation applies to an application under section 48(1) of the Act for the cancellation of a surety undertaking if the application is made in a court of summary jurisdiction.
(2) The application may be made orally unless the court orders otherwise.
(3) If the application is not made orally —
(a) the application must be made in an approved form; and
(b) the application does not have to be supported by an affidavit, unless the court orders otherwise; and
(c) the application and any affidavit in support of it must be served on each other party, and any other person affected by the application, as soon as practicable after they are lodged with the court and in accordance with any order of the court as to time for service.
[Regulation 9A inserted: Gazette 25 Feb 2009 p. 477.]
9B. Application for forfeiture of amount in surety undertaking — court of summary jurisdiction
(1) This regulation applies to an application under section 49(1) of the Act for the forfeiture of the amount specified in a surety undertaking if the application is made in a court of summary jurisdiction.
(2) The application must be made in an approved form.
(3) The application does not have to be supported by an affidavit, unless the court orders otherwise.
(4) The application and any affidavit in support of it must be served on each other party, and any other person affected by the application, as soon as practicable after they are lodged with the court and in any event at least 14 clear working days before the hearing date for the application, unless the court orders otherwise.
[Regulation 9B inserted: Gazette 25 Feb 2009 p. 478.]
9. Accused to be given copy of conditions applicable to home detention condition or electronic monitoring condition
(1) If an accused is granted bail subject to a home detention condition the accused must, when entering into the bail undertaking —
(a) be provided with a list of the conditions in rules made under section 50L of the Act that may be applied to the accused by the CEO (corrections) while the accused is subject to the home detention condition; and
(b) acknowledge in writing that the list referred to in paragraph (a) has been provided.
(2) If an accused is granted bail subject to an electronic monitoring condition the accused must, when entering into the bail undertaking —
(a) be provided with a list of the conditions in rules made under section 50U of the Act that may be applied to the accused by the CEO (corrections) while the accused is subject to the electronic monitoring condition; and
(b) acknowledge in writing that the list referred to in paragraph (a) has been provided.
[Regulation 9 inserted: SL 2024/252 r. 5.]
10A. Notifying change of residential address
For the purposes of section 60 of the Act notice of the change of residential address of the accused or of a surety may be provided to the registrar of the court by —
(a) sending details of the change by fax to the court’s fax number; or
(b) emailing details of the change to the court’s email address.
[Regulation 10A inserted: Gazette 12 Sep 2014 p. 3288.]
10B. Certificate of non‑appearance
(1) A certificate referred to in section 64 of the Act is authenticated for the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 10 if —
(a) the certificate is produced by means of the ECMS; and
(b) the name of the judicial officer or registrar of the court before whom the accused was required to appear is recorded on the certificate as the person who authorised the certificate.
(2) For the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 12, a certificate under section 64 of the Act is issued to the Commissioner of Police for the purposes of sections 51A(3) and 52(3a) of the Act if —
(a) an electronic form of the certificate is sent to the Commissioner by email; or
(b) the certificate is made available to the Commissioner by means of the ECMS.
[Regulation 10B inserted: Gazette 12 Sep 2014 p. 3288; amended: Gazette 31 Dec 2019 p. 4670.]
10. Formalities for undertaking under Schedule 1 Part C clause 2(3)(c)
(1) An undertaking by a responsible person under clause 2(3)(c) of Part C of Schedule 1 of the Act shall be entered into before a person referred to in section 29 of the Act.
(2) The person before whom the undertaking is to be entered into shall before it is entered into —
(a) read the undertaking to the responsible person; or
(b) be informed by the responsible person that he or she has read it; or
(c) if necessary, have the undertaking translated to the responsible person.
(3) The person before whom the undertaking is entered into must make available a copy of the undertaking, as duly completed, to the responsible person, or cause such a copy to be made available to him or her.
[Regulation 10 inserted: Gazette 4 Mar 1994 p. 852; amended: Gazette 12 Sep 2014 p. 3289.]
11. Persons and programmes prescribed for Schedule 1 Part D clause 2(2b)
(1) For the purposes of clause 2(2b)(c) of Part D of Schedule 1 to the Act a person who —
(a) is registered under the Health Practitioner Regulation National Law (Western Australia) in the psychology profession; and
(b) is employed in, or providing services under contract to, the Department,
is a prescribed person.
(2) For the purposes of clause 2(2b)(d) of Part D of Schedule 1 to the Act each of the departmental programmes mentioned in the Table to this subregulation is a prescribed programme.
Table
Anger Management Programme (Skills Training for Aggression Control)
Domestic Violence Programme
Warminda Programme (Chance of Going Straight)
(3) In this regulation —
departmental programme means a programme conducted by a person employed in, or providing services under contract to, the Department.
[Regulation 11 inserted: Gazette 29 Aug 2000 p. 4986; amended: Gazette 25 Feb 2009 p. 479; 6 Mar 2012 p. 895; 29 Jun 2018 p. 2436.]
Schedule
[reg. 3(1)]
Form 1
Bail Act 1982
Section 8(1)(a)
INFORMATION FOR ACCUSED
NOTE: If an accused has difficulty with reading English he may require that this form be translated for him.
Summary
This form contains a summary of the main provisions of the Bail Act 1982 relating to your bail rights. Only the general effect of those provisions is stated.
Bail information form
You must be given a form (Information Given by Accused) which can be filled in by you to let the officer or court have sufficient information to make a decision on bail. In straightforward cases where bail is likely to be granted and sufficient information is held, the court or officer may advise you that you need not fill in the form.
You do not have to complete any form or supply any information to an officer or court that is considering bail. However, if you do not do so, the decision may be delayed.
Information supplied cannot be used against you at your trial.
At time of arrest
Upon your arrest, unless you are to be detained in custody for some other offence or reason, bail must be considered as soon as is reasonably practicable whether or not you apply for bail. If you are not released on bail, you must be taken before a court as soon as is reasonably practicable.
Certain police officers and, for children only, certain community services officers, may deal with bail at this stage, except —
(a) for the offence of murder; or
(b) where the arrest is made under a warrant; or
(c) where the arrest is made in an urban area (as defined) for a serious offence (as defined) alleged to have been committed while you were —
(i) on bail for another serious offence; or
(ii) at liberty under an early release order in respect of another serious offence;
or
(d) where the arrest is made in an urban area (as defined) for an offence that involves breach of a family violence restraining order or violence restraining order.
A justice may also deal with bail at this stage except —
(a) for the offence of murder; or
(b) where the arrest is made in an urban area (as defined) for a serious offence (as defined) alleged to have been committed while you were —
(i) on bail for another serious offence; or
(ii) at liberty under an early release order in respect of another serious offence;
or
(c) where the arrest is made in an urban area (as defined) for an offence that involves breach of a family violence restraining order or violence restraining order.
On appearance in court
For every later appearance in court unless you are to be detained in custody for some other offence or reason, bail must be considered afresh whether or not you apply for bail. However, this does not apply if you are charged with murder and have been refused bail by a judge of the Supreme Court unless —
(a) there has been a change of circumstances; or
(b) you did not present your case properly at the time when bail was refused.
If you are in custody during a trial that extends beyond one day, a judicial officer need not consider your case for bail, however, you may apply for bail.
Warrant cases
If you have been arrested under a warrant you must as soon as is practicable be taken either before a justice to consider bail or before the court which issued the warrant.
Where charge is murder
If you are an adult charged with murder, an application for bail may be made by you or on your behalf to a judge of the Supreme Court.
If you are a child charged with murder, you are to be taken before a judge of the Children’s Court as soon as is practicable for consideration of bail, whether or not an application for bail is made by you or on your behalf.
Decision may be delayed
A decision on bail may be delayed for up to 30 days if information has to be obtained or checked, but, on arrest, you must still be taken before the court as soon as is practicable.
How decision to be made — adult
Bail for an adult accused, before conviction, is at the discretion of the court or officer who must take into account the points set out in clause 9(a) and (b) below.
However bail must be refused if the case comes within clause 8B below.
8A. How decision to be made — child
A child cannot be released on bail unless a responsible person gives a written undertaking to see that the child does what is required by the bail undertaking. The only exception to this is where the child is over 17 and is able to live independently without supervision.
A child, before conviction, has a right to bail unless —
(a) no such undertaking is entered into by a responsible person; or
(b) the points in clause 9(a) and (b) below disclose a reason why bail should be refused; or
(c) the case comes within clause 8B below.
8B. Where serious offence committed while on bail for another serious offence
In Schedule 2 to the Bail Act 1982 there is a list of serious offences. You cannot be granted bail for one of these offences if it is alleged to have been committed while you were on bail for another serious offence, unless there are exceptional reasons why you should not be kept in custody.
Points to be considered
The main points to be taken into account in the bail decision are —
(a) Before trial
(i) Whether you might fail to appear in court, or whether you might commit an offence, or endanger persons or property or interfere with witnesses.
(ii) Whether you need to be kept in custody for your own protection.
(iii) In the case of an adult, whether the prosecutor has put forward reasons for refusing bail.
In considering the points in (i) above the main factors to be taken into account are the seriousness of the offence, the strength of the prosecution case, your personal background and circumstances and whether you have failed to answer bail in the past.
(b) During trial
Whether, in addition to the above, there is reason to believe that the trial may be adversely affected if you are not kept in custody.
(c) After conviction
If you have been imprisoned, bail may be granted for an appeal from a decision of the Magistrates Court or the Children’s Court or, in exceptional circumstances, from a decision of a superior court.
If you are awaiting sentence, bail may be granted at the discretion of an appropriate judicial officer.
In either case the criteria in (a) above must be considered.
Conditions
Bail conditions must be fair and reasonable in the circumstances of each case. The most common conditions are that there be an approved surety or sureties, and that the accused and any surety pay an amount of money to the State if the accused does not answer bail.
In the case of a child, it is always a condition of bail that a responsible person give a written undertaking to see that the child does what is required by the bail undertaking. The only exception is where the child is over 17 and is able to live independently without supervision.
Accused to receive copy of bail decision form or court record
If your case for bail has been considered by a justice, a police officer, or a community services officer and —
(a) you have been refused bail; or
(b) you have been granted bail after having previously been refused; or
(ca) you have been granted bail for a serious offence while on bail for another serious offence; or
(c) you notify the decision‑maker that you are dissatisfied with any condition that has been imposed,
a bail record form will be completed and you must, upon request, be given a copy of the form as soon as is reasonably practicable.
If your case for bail has been considered by a magistrate or a judge you must, upon request, be given a copy of the court record showing the decision made and the reasons.
Bail undertaking
Before you are released on bail you must sign an undertaking to appear in court at the required time and to comply with other conditions which may be imposed; and, where applicable, must agree to pay the amount fixed by the authorised officer, justice or court if you do not appear.
You must be given a copy of your bail undertaking and a form setting out your obligations and the consequences of a failure to comply with them. You may require that those documents be read or translated to you.
Release from custody
As soon as all papers have been completed and pre release conditions complied with, you must be released, but this can be delayed, if necessary, for such things as the taking of fingerprints, photographs or DNA profile.
Reconsideration of decision
If, after arrest, a police officer (or, in the case of a child, a community services officer) refuses bail, you can ask a justice to consider bail. However, if a justice refuses bail before your initial appearance in court, another justice cannot grant bail.
If on or after your initial appearance in court bail is refused, you may re‑apply for bail only if you think that new facts have arisen, circumstances have changed or you did not present your case adequately.
Application to judge
If dissatisfied with a bail decision of an authorised officer, justice or magistrate, you may make an application to a judge to exercise the power to grant bail. However once you have made such an application you cannot make another unless —
(a) new facts have been discovered or there has been a change of circumstances; or
(b) you failed to present your case adequately on the first application.
Sureties
There is a form which a person must complete before he can be approved as a surety.
Each surety must also sign an undertaking which sets out his liabilities.
False information
If you knowingly or recklessly give false information in connection with bail, you are liable to a fine of up to $1 000 or imprisonment for up to 12 months, or both.
Offence to compensate surety
It is an offence for you or any other person to compensate, or agree to compensate, a surety or a proposed surety for any liability which falls, or may fall on him, under the Bail Act 1982. The surety or the proposed surety and any person who is a party to the agreement also commits an offence. The penalty is a fine of up to $1 000, or imprisonment for up to 12 months, or both.
[Form 1 amended: Gazette 4 Mar 1994 p. 853-4; 7 Mar 2000 p. 1040; 19 Apr 2005 p. 1295; 25 Feb 2009 p. 479-83; 27 Jun 2017 p. 3433.]
(a) to appear at the time and place and to comply with the conditions set out above;
(b) that if I am notified by a judicial officer or court official of a different time, or a different time and place, for my appearance, I will appear at the time, or at the time and place, so notified;
(c) that if I fail to appear in court as required I will as soon as is practicable appear at the court when it is sitting;
(1) Strike out if not applicable
(1)AGREE to forfeit $................to the State if I am convicted of the offence of failing to appear as required.<br>....................................................................<br> ACCUSED
CERTIFICATE AS TO UNDERTAKING
(2) Delete as appropriate
The above undertaking was entered into by the accused before me after I had (2) been informed by him that he had read the undertaking/read the undertaking to him/had the undertaking translated to him.<br>Signature: .......................... Official Designation: ..........................<br> Date:....................................................<br> I acknowledge that I have been given a copy of the above bail undertaking and the form Notice to Accused on the reverse of that copy.<br>.................................................................<br> ACCUSED
[reg. 6]
RELEASING AUTHORITY’S COPY
Form 6
Bail Act 1982
Section 28(2)
BAIL UNDERTAKING
Details of accused:
Surname:........................................... Other names:..............................................
Date of birth: ........................................................................................................
(a) to appear at the time and place and to comply with the conditions set out above;
(b) that if I am notified by a judicial officer or court official of a different time, or a different time and place, for my appearance, I will appear at the time, or at the time and place, so notified;
(c) that if I fail to appear in court as required I will as soon as is practicable appear at the court when it is sitting;
(1) Strike out if not applicable
(1) AGREE to forfeit $......................to the State if I am convicted of the offence of failing to appear as required.<br>.........................................................<br> ACCUSED
**CERTIFICATE AS TO UNDERTAKING**
(2) Delete as appropriate
The above undertaking was entered into by the accused before me after I had (2) been informed by him that he had read the undertaking/read the undertaking to him/had the undertaking translated to him.<br>Signature: .......................... Official Designation: ........................<br> Date:..................................................<br>I acknowledge that I have been given a copy of the above bail undertaking and the form Notice to Accused on the reverse of that copy.<br>...........................................................<br> ACCUSED
CERTIFICATE TO AUTHORISE RELEASE
I certify for the purposes of section 11(3) of the Act that the accused is entitled to be at liberty on bail as provided in section 11(1) of the Act.
(a) to appear at the time and place and to comply with the conditions set out above;
(b) that if I am notified by a judicial officer or court official of a different time, or a different time and place, for my appearance, I will appear at the time, or at the time and place, so notified;
(c) that if I fail to appear in court as required I will as soon as is practicable appear at the court when it is sitting;
(1) Strike out if not applicable
(1) AGREE to forfeit $........................to the State if I am convicted of the offence of failing to appear as required.<br>.................................................................<br> ACCUSED
**CERTIFICATE AS TO UNDERTAKING**
(2) Delete as appropriate
The above undertaking was entered into by the accused before me after I had (2) been informed by him that he had read the undertaking/read the undertaking to him/had the undertaking translated to him.<br>Signature: .......................... Official Designation: ........................<br> Date:..................................................<br>I acknowledge that I have been given a copy of the above bail undertaking and the form Notice to Accused on the reverse of that copy.<br>.................................................................<br> ACCUSED
TO THE ACCUSED
THE NOTICE ON THE REVERSE OF THIS FORM SETS OUT YOUR OBLIGATIONS AND THE CONSEQUENCES OF YOUR FAILURE TO COMPLY WITH THEM. YOU SHOULD READ THE NOTICE OR REQUIRE THE PERSON WHO TAKES YOUR BAIL UNDERTAKING TO READ IT TO YOU OR HAVE IT TRANSLATED TO YOU.
[Form 6 amended: Gazette 19 Apr 2005 p. 1295; 25 Feb 2009 p. 483‑5; 12 Sep 2014 p. 3289; 29 Jun 2018 p. 2437; SL 2021/38 r. 4.]
SIGNATURE AND DESIGNATION
OF SURETY APPROVAL OFFICER
PART B — DECLARATION BY PROPOSED SURETY
Warning
It is an offence punishable by a fine of up to $1 000 or imprisonment for up to 12 months, or both, to knowingly or recklessly give false information for the purpose of obtaining approval as a surety.
1. Proposed surety<br> ...................................................................................................................<br> Surname Other names
2. Date of birth ..............................................................................................
3. Address ...................................................................................................<br> Telephone No ................................ Fax No............................................<br> Mobile No: ....................................<br> Email address...........................................................................................
3A. Electronic notification of accused’s court appearances<br> The Department will send electronic notifications in relation to the accused’s court appearances mentioned in this form.<br>4. Occupation ..............................................................................................<br> Employer details .....................................................................................
I, ......................................hereby apply for approval of myself as a surety.
(full name)
I DECLARE THAT —
(a) the above particulars relating to me are true;
(b) I have not received any money or other compensation, or promise of money or other compensation, to cover any liability I may incur as a surety.
I ACKNOWLEDGE that I have been given —
(a) Part A of Form 8 (Notice to Surety as to Terms of Bail) duly completed; and
(b) Form 9 (Information for Proposed Surety).
I STATE that —
(a) I do/do not * agree to my obligations as a surety being extended to any time, or time and place, appointed for the accused’s appearance which is different from that shown in paragraph 4 of the notice.
(b) I do/do not * require notice to be given to me of any such different time or time and place.
(c) I do/do not * agree to my obligations as a surety being extended to a different time substituted during trial.
show which
Signature of applicant..........................................
Signature and designation of surety approval officer
(1) For an explanation see Form 9 PART C****SURETY UNDERTAKING
(2) Delete (b) if surety’s obligations are not to cover this I, ..........................................of.......................................................undertake and agree, to forfeit $..........................to the State, in terms of section 49 of the Bail Act 1982 (1), if the abovenamed accused. (a) fails to appear at the time and place specified in Part A above; or (b) (2) fails to appear at a different time, or time and place, at which he is duly required to appear (provided that I have been notified of such time, or time and place) (3); or
(3) Delete words in brackets if notice is not required (c) upon a failure to so appear, also fails to appear as soon as is practicable thereafter at the court when it is sitting; or
(3A) Delete (d) if surety’s obligations are not to cover this (d) fails to appear at a different time substituted during his trial (3A). Under section 44(4) of the Act the undertaking in (d) applies despite an amendment to the bail conditions if a statement that the amendment is of a minor nature has been made under section 31A(4) of the Act.
I acknowledge that before entering into this undertaking (4) I read/had read to me/had translated to me Part A of this form duly completed, Form 9, and this undertaking.Signature of Surety..............................................
(4) Delete as appropriate The above undertaking was entered into by the abovenamed, before me after I had (4) been informed by him that he had read/read to him/had translated to him Part A of this form duly completed, Form 9 and this undertaking; and after I had ensured that he had complied with all conditions imposed on him.
I acknowledge that I have been given a copy of the above undertaking as completed
Signature of Surety..............................................Date.....................................................................
ENDORSEMENT UNDER SECTION 45(3)
I certify that on..............................................I required the accused to appear at ..............................on ................................ day the...................................day of .............................20 ............ at.....................a.m./p.m. and that, under section 45(1)(a) of the Act, I orally notified the surety thereof.
Authorised Officer who is to issue certificate under section 11(3) of the Act advised (show date, time, place and name of person advised).<br>.......................................................................................................<br>.......................................................................................................<br>Signature ....................................................
[Form 8 amended: Gazette 19 Apr 2005 p. 1295; 25 Feb 2009 p. 485‑8; 12 Sep 2014 p. 3289; 29 Jun 2018 p. 2437; SL 2020/235 r. 4; SL 2021/38 r. 5.]
[reg. 3(2)]
Form 9
Bail Act 1982
Section 37(1)(b)
INFORMATION FOR PROPOSED SURETY
NOTE: If a proposed surety has difficulty with reading English the proposed surety may ask to have this form translated to the proposed surety.
Contents of this form
This form contains a summary of the main provisions of the Bail Act 1982 which relate to sureties for bail. Only the general effect of those provisions is stated.
Meaning and function of surety
A surety, or a number of sureties, may be required as a condition of the release of an accused on bail.
The intention is to have someone to make sure that the accused appears in court when required.
It is the duty of a surety to do this.
A person becomes a surety by agreeing in writing to pay an amount of money to the State if the accused does not appear. This agreement is called a surety undertaking (see Part C of Form 8).
It may also be a bail condition that a surety deposit cash or other security to cover the amount referred to.
Information to be given to surety
As well as this form, a proposed surety must be given a form (Part A of Form 8) showing details of the accused’s bail. The proposed surety must read the forms or have them read to the proposed surety.
Application for approval
A proposed surety must apply for approval and be approved by an authorised official. The proposed surety must complete a form (Part B of Form 8) for this purpose.
Disqualified persons
A person cannot be approved as a surety if —
(a) the person is under 18 years of age; or
(b) the person’s net financial worth is less than the amount the person would have to pay if the accused were to default, except where security is provided; or
(c) it appears that the accused or some other person will be compensating the proposed surety for any loss the proposed surety incurs; or
(d) there is a current restraining order between the person and the accused under the Restraining Orders Act 1997; or
(e) the person is in a family relationship with the accused and was a victim of an offence for which the accused has been convicted within the last 10 years; or
(f) the person is in a family relationship with the accused and is an alleged victim of the offence of which the accused has been charged.
If the accused is a child, a person may be approved as a surety even if the circumstances in paragraphs (d), (e) or (f) apply.
Points to be considered
Whether a person is suitable to be a surety depends mainly on —
(a) the person’s character and past history;
(b) the person’s connection with the accused;
(c) the person’s ability to pay, without severe hardship, if the accused were to default.
Reasons for not approving a proposed surety must be given by the official concerned, unless the Bail Act 1982 section 40(3) applies.
Reconsideration
A person may re‑apply for approval of the person as a surety to the officer who made the decision, or someone acting in the officer’s stead, only if the person thinks that circumstances have changed or that the person did not put their case properly.
Copy of surety undertaking
A surety must be given a copy of their surety undertaking.
Remand etc. of accused to later date
A surety undertaking will refer to the time and place of the accused’s appearance. If the accused’s case is to be dealt with at a different time, or a different time and place, the surety will not be liable for the accused’s non‑appearance at such time and place unless the surety undertaking expressly says so. In that event, the surety may insist on being notified of the different time, or time and place.
Change of address
A surety must, in writing, notify the court where the accused is to appear of any change to the surety’s residential address. It is an offence not to do so without reasonable cause. The penalty is a fine of up to $1 000.
Action by surety where accused likely to default
A surety who reasonably believes that —
(a) the accused is not likely to appear in court; or
(b) a bail condition is being, has been or is likely to be broken,
should notify the prosecutor or a police officer in writing and that person may have the accused brought before the court. However, the surety’s obligations continue until the accused is brought before the court.
In cases of urgency where the surety reasonably believes that the accused is not likely to appear in court or that the accused has broken any bail condition, the surety has the power to arrest the accused. The surety must hand the accused over as soon as is practicable to a police officer who is required to take the accused before the court.
Once the accused has been taken before the court the surety undertaking will not be continued in force without the surety’s consent.
Cancellation of surety undertaking
A surety may apply to an appropriate judicial officer for cancellation of their surety undertaking. The application must be made before the time for the accused’s appearance. However, the surety’s obligations continue until the accused is brought before the court and an order is made cancelling the surety undertaking.
Enforcing payment by surety
Where an accused fails to appear in court, a surety will be summoned before the court and an order for payment of the amount of the surety’s undertaking will be made against the surety unless the surety shows that the accused had a reasonable cause for failing to appear.
If such an order is made, but at a later date the surety learns that there was a reasonable cause for the accused’s failure, the surety may apply to the Governor for a refund.
Cases of hardship
If excessive hardship would result from ordering payment by a surety, and it would not be removed by allowing time to pay or meeting payment from a security given by the surety, the court may decline to order payment by the surety or may reduce the amount to be paid. However, the hardship must be due to a change of circumstances since the surety undertaking was entered into.
Surety becoming unsuitable
The prosecutor or a police officer may have the accused brought before the court and apply to have bail cancelled or changed if the prosecutor or police officer reasonably believes (among other things) that a surety is no longer suitable or security given by a surety is no longer sufficient.
Offence to compensate surety
It is an offence for a person to compensate, or agree to compensate, a surety or proposed surety for any liability which the surety or proposed surety incurs, or may incur, under the Bail Act 1982. The surety or proposed surety and any person who is a party to the agreement also commits an offence. The penalty is a fine of up to $1 000 or imprisonment for up to 12 months, or both.
[Form 9 amended: Gazette 1 Aug 1997 p. 4394; 7 Nov 1997 p. 6136; 14 May 2004 p. 1446; 19 Apr 2005 p. 1295; 25 Feb 2009 p. 488-90; SL 2020/235 r. 5.]
[Form 10 deleted: Gazette 25 Feb 2009 p. 490.]
[reg. 6]
Form 11
Bail Act 1982
Sections 50F(5) and 50Q(5)
WARRANT TO ARREST ACCUSED WHOSE BAIL SUBJECT TO A HOME DETENTION CONDITION OR AN ELECTRONIC MONITORING CONDITION HAS BEEN REVOKED
To: — all members of the Police Force in the State of Western Australia;
— [name any other officer]
On [date] [name of accused] “the accused” of [address of accused] appeared in the [court] at [place] charged with [describe offence(s)] and was granted bail subject to a home detention condition or an electronic monitoring condition.
On [date] the chief executive officer of corrective services revoked the bail granted to the accused.
This warrant commands anyone to whom it is directed to apprehend the accused and to take the accused before an appropriate judicial officer.
Dated: [date]
Signed: [signature and designation of CEO (corrections) or delegate]
[Accused’s date of birth..............................................................]
This is a compilation of the Bail Regulations 1988 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.
Compilation table
Citation
Published
Commencement
Bail Regulations 1988
30 Dec 1988 p. 5043‑80
6 Feb 1982 (see r. 2 and Gazette 27 Jan 1989 p. 263)
Bail Amendment Regulations 1991
22 Mar 1991 p. 1212‑13
3 Apr 1991 (see r. 2 and Gazette 22 Mar 1991 p. 1209)
Bail Amendment Regulations 1992
28 Feb 1992 p. 994
28 Feb 1992
Bail Amendment Regulations 1994
4 Mar 1994 p. 852‑7
4 Mar 1994
Bail Amendment Regulations 1997
1 Aug 1997 p. 4394
1 Aug 1997
Bail Amendment Regulations (No. 2) 1997
7 Nov 1997 p. 6136‑7
7 Nov 1997
Bail Amendment Regulations 1999
7 Mar 2000 p. 1039‑41
8 Mar 2000 (see r. 2 and Gazette 7 Mar 2000 p. 1039)
Bail Amendment Regulations (No. 2) 2000
22 Aug 2000 p. 4849
22 Aug 2000
Bail Amendment Regulations 2000
29 Aug 2000 p. 4985‑6
1 Sep 2000 (see r. 2 and Gazette 29 Aug 2000 p. 4985)
Reprint of the Bail Regulations 1988 as at 8 Sep 2000 (includes amendments listed above)
Equality of Status Subsidiary Legislation Amendment Regulations 2003 Pt. 3
30 Jun 2003 p. 2581‑638
1 Jul 2003 (see r. 2 and Gazette 30 Jun 2003 p. 2579)
Sentencing Legislation (Short Sentences) Amendment Regulations 2004 r. 5
14 May 2004 p. 1445‑7
15 May 2004 (see r. 2 and Gazette 14 May 2004 p. 1445)
Courts and Legal Practice (Consequential Amendments) Regulations 2005 r. 2
19 Apr 2005 p. 1294‑302
19 Apr 2005
Bail Amendment Regulations 2009
25 Feb 2009 p. 471-90
r. 1 and 2: 25 Feb 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Mar 2009 (see r. 2(b) and Gazette 27 Feb 2009 p. 511)
Reprint 2: The Bail Regulations 1988 as at 6 Mar 2009 (includes amendments listed above)
Bail Amendment Regulations 2012
6 Mar 2012 p. 895
r. 1 and 2: 6 Mar 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 7 Mar 2012 (see r. 2(b))
Bail Amendment Regulations 2014
12 Sep 2014 p. 3281‑9
r. 1 and 2: 12 Sep 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 13 Sep 2014 (see r. 2(b) and Gazette 12 Sep 2014 p. 3279)
Attorney General Regulations Amendment (Family Violence Restraining Orders) Regulations 2017 Pt. 2
27 Jun 2017 p. 3432‑5
1 Jul 2017 (see r. 2(b))
Reprint 3: The Bail Regulations 1988 as at 12 Jan 2018 (includes amendments listed above)
Bail Amendment Regulations 2018
29 Jun 2018 p. 2436‑7
r. 1 and 2: 29 Jun 2018 (see r. 2(a)); Regulations other than r. 1 and 2: 30 Jun 2018 (see r. 2(b))
Attorney General Regulations Amendment (Case Management System) Regulations 2019 Pt. 2
31 Dec 2019 p. 4669-73
1 Jan 2020 (see r. 2(b))
Bail Amendment Regulations 2020
SL 2020/235 4 Dec 2020
r. 1 and 2: 4 Dec 2020 (see r. 2(a)); Regulations other than r. 1 and 2: 5 Dec 2020 (see r. 2(b))
Attorney General Regulations Amendment (Forms) Regulations 2021 Pt. 2
SL 2021/38 9 Apr 2021
10 Apr 2021 (see r. 2(b))
Attorney General Regulations Amendment (Family Violence Reform) Regulations 2024 Pt. 2
SL 2024/252 11 Dec 2024
18 Dec 2024 (see r. 2(b))
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.