This Act sets out how and when a person charged with an offence may be released on bail, who must consider bail, and what conditions can be imposed (including home detention and electronic monitoring). It prescribes police duties, court procedures, rights after bail, specialist limits (for murder and child defendants), and appeal routes. It affects accused people, police, courts, corrections agencies and victims by allocating decision‑making to judicial officers and imposing procedural and information obligations on officials.
The Bail Act 1982 (WA) is the foundational statute governing bail for persons accused of offences in Western Australia. It creates a rights and duties framework: accused persons have rights to have their bail considered (s 5), arresting officers have duties to consider bail (s 6), and courts have duties to consider bail at each hearing for unconvicted accused (s 7). The Act sets out who may grant bail, the conditions that may be imposed, and the consequences of failing to comply with bail obligations.
The Act applies to an "accused" as broadly defined in s 3(1): a person charged with, convicted of, or found guilty of an offence; a person whose conviction is stayed; a person in respect of whom an appeal is pending; or a person in respect of whom a new trial has been ordered.
The Act has been substantially amended since 1982, including to introduce home detention and electronic monitoring conditions, terrorism-linked accused provisions, and changes to the murder accused regime.
Main concepts
Bail undertaking. The formal written document under s 28 by which an accused commits to appear at a specified time and place (s 28(2)(a)), to appear as soon as practicable at the correct court if a scheduled appearance is missed (s 28(2)(b)), and to comply with any conditions imposed (s 28(2)(c)-(e)). The undertaking may also contain an agreement as to forfeiture of money (security).
Current sections
Direct links to the current provisions in Bail Act 1982.
5
Part 6B
Administration of electronic monitoring conditions
Part 6B — Administration of electronic monitoring conditions
50N. Application of Part 81
50O. Powers of members of Police Force 81
50P. CEO (corrections) may substitute different place where device is to be installed and apply conditions 81
50Q. CEO (corrections) may revoke bail 82
50R. Procedure on arrest after revocation under s. 50Q 83
50S. Rules of natural justice excluded 83
50T. Delegation by CEO (corrections) 84
50U. Rules for this Part 84
50V. Failure to comply with direction 84
Part VII — Enforcement of bail undertakings
Failing to comply with bail undertaking, offence 86
51A. Prosecuting s. 51 offence for non-appearance in court of summary jurisdiction 87
Prosecuting s. 51 offence for non-appearance in superior court 87
Appeal against decision made under s. 52 89
Bailed accused may be taken before judicial officer to show cause against variation or revocation of bail 90
54A. Accused on committal may be taken for purposes of s. 54 before judicial officer by which committed 92
Judicial officer may revoke bail of accused before court under s. 54 93
Offence under s. 51, court to order forfeiture of money under bail undertaking 94
Automatic forfeiture of money on expiration of one year after absconding 95
Part VIII — Miscellaneous
Order for forfeiture, court’s additional powers as to 97
59A. If bail dispensed with, accused may be taken before judicial officer for reconsideration of matter 97
59B. Absconding accused, warrant for arrest of 98
Change of address, accused and surety to notify 99
Failing to bring arrested person before court or person able to grant bail, offence 99
Giving false information for bail purposes, offence 100
Protection from personal liability 100
Proving appearance or non‑appearance by accused 100
Bail undertakings by child, effect of 101
Other powers or duties to grant bail abolished 101
66A. Delegation by registrar of court 101
66B. Video link or audio link, use of in bail proceedings 102
66C. Protection of terrorist intelligence information in bail proceedings 103
66D. Annual report to include information about application of s. 66C 104
66E. Retrieving monitoring equipment 106
66F. Disclosing electronic monitoring information 106
66G. Disclosure under s. 66F not subject to other laws and effect of disclosure 107
66H. Powers of CEO (corrections) 108
Regulations 108
67A. Review of amendments made by Bail Amendment (Persons Linked to Terrorism) Act 2019 109
Sch 1
Jurisdiction as to bail and related matters
Schedule 1 — Jurisdiction as to bail and related matters
Part A — Jurisdiction relating to bail
Initial appearance 110
Appearance after adjournment 111
Appearance on committal to Supreme Court or District Court 111
Appearance in connection with appeal, rehearing etc. 111
Appearance prescribed by regulation 112
Appearances not otherwise provided for 112
Term used: proceedings for an offence 112
Part B — Cessation of powers relating to bail
Upon decision by judge, power of other officers ceases 113
1A. Upon decision by Court of Appeal, other powers cease 113
Upon decision by judicial officer, his power and that of his peers ceases 113
Upon refusal of bail for initial appearance, certain powers cease 114
Judicial officer’s powers if accused proves new facts or changed circumstances 114
Part C — Manner in which jurisdiction to be exercised
1A. Terms used 115
Bail before conviction at discretion of court or judicial officer except for child 115
Child to have qualified right to bail 117
Matters relevant to cl. 1(a) 119
3AA. Additional relevant matters in cases of sexual offences against child victims 119
3AB. Concerns of child victims 120
3A. Bail for accused charged with serious offence committed while on bail or early release for another serious offence 121
3B. Exceptional reasons under cl. 3A(1), determining 122
3C. Bail in murder cases 124
3D. Bail in cases under High Risk Serious Offenders Act 2020 section 80(1) 125
3E. Bail in cases of person linked to terrorism 126
3F. Bail in cases of family violence offence (category B) involving serial family violence offender 128
3G. Bail in cases of family violence offence (category A) involving accused bound by family violence restraining order 130
Bail after conviction for accused awaiting sentence 131
4A. Bail after conviction for accused awaiting disposal of appeal 132
Exception to cl. 4A for bail in appeal under Criminal Appeals Act 2004 Part 2 132
Bail of people on community or similar orders 132
Bail for initial appearance to be for not more than 30 days 133
Bail on adjournment in court of summary jurisdiction to be for not more than 30 days except by consent 133
Calculating periods for cl. 7 and 8 133
Part D — Conditions which may be imposed on a grant of bail
Conditions as to forfeiture, sureties, security etc. 133
Other conditions 135
Home detention condition 138
Part E — Condition that must be imposed on a grant of bail for particular accused persons
Electronic monitoring condition 142
More sections below
Source text: opening excerpt
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
Bail Act 1982
Western Australia
Bail Act 1982
Contents
Part I — Preliminary
Short title 2
Commencement 2
Terms used 2
Application of this Act 12
4AB. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 13
4A. Accused appearing on summons or court hearing notice, detention and bail of 13
Part II — Rights of accused in relation to bail
Accused’s rights to have bail considered 14
Arresting officer’s duty to consider bail 14
6A. Officials considering bail may order release without bail 16
Court to consider bail for unconvicted accused 17
7A. Bail may be dispensed with by court 18
7B. Adult accused of murder 18
7C. Child accused of murder 20
7D. Bail after initial decision by court, court’s duty as to 21
7E. Bail refused for trial, court’s duty during trial 22
7F. Appeal from court of summary jurisdiction, bail in case of 22
Accused to be given information, approved forms etc. 23
Bail decision may be deferred until more information obtained 25
Sections 5, 6 and 7 do not apply if accused imprisoned for other cause 26
Accused’s rights following grant of bail 26
Rights in s. 7A(2) and 11, limitations on 28
Part III — Jurisdiction relating to bail
Jurisdiction to grant bail and exercise of jurisdiction 29
13A. Jurisdiction in s. 7A to dispense with bail, who has and exercise of 29
13B. Notices under s. 13A(3), service and proof of 30
Judges, jurisdiction of 31
Accused charged with murder, jurisdiction as to bail for 33
15A. Appeal against judge’s decision on bail, commencement and conduct 33
15B. Appeal under s. 15A, determination 35
Bail conditions. Conditions may be imposed on a grant of bail under Schedule 1, Part D. Conditions may include reporting to police at specified times, residence requirements, curfew requirements, prohibition on contacting certain persons, home detention (s 28(2)(d)), and electronic monitoring (s 28(2)(e)).
Home detention condition. A condition requiring the accused to remain at specified premises except in defined circumstances, assessed and monitored by corrections authorities.
Electronic monitoring condition. A condition requiring the accused to wear an approved electronic monitoring device (defined in s 3(1)) and to comply with associated requirements.
Surety. A person who under Schedule 1, Part C guarantees the accused's appearance and may be required to forfeit a sum of money if the accused fails to appear. A surety must be suitable under s 39.
Show cause. A process under s 54 allowing a prosecutor or police officer to bring an accused before an appropriate judicial officer to show cause why bail should not be varied or revoked if there are reasonable grounds to believe the accused will breach or has breached their bail undertaking, or if new circumstances have arisen.
Appropriate judicial officer. The judicial officer empowered to exercise jurisdiction in the court before which the accused is required to appear under their bail undertaking (s 3(1)). The identity of the appropriate judicial officer depends on the level of court and the circumstances.
Who it affects
Accused persons in custody for any offence, who have rights to bail consideration under s 5.
Arresting officers (police), who must consider bail under s 6.
Courts at every level, which must consider bail for unconvicted accused under s 7.
Magistrates' courts, which grant bail for most offences.
The District Court and Supreme Court, which have jurisdiction for more serious matters and are the exclusive bail authorities for certain offences.
The Children's Court, which exercises bail jurisdiction for children.
Sureties, who accept personal liability for the accused's appearance.
Prosecutors, who may apply for variation or revocation of bail under s 54.
Corrections authorities (CEO corrections), who administer electronic monitoring and home detention conditions.
Key obligations
Accused's duties under bail undertaking. The accused must appear at the time and place specified (s 28(2)(a)); must appear as soon as practicable at the correct court if the scheduled appearance is missed (s 28(2)(b)); must comply with any conditions (s 28(2)(c)-(e)).
Arresting officer's duty. Section 6 requires the arresting officer to consider whether bail should be granted and, if so, to grant it, unless the offence falls within specified categories or the officer has grounds to believe the accused should be held.
Court's duty. Section 7 requires a court to consider bail for an unconvicted accused at each appearance. The duty may be discharged by granting bail, refusing bail, or dispensing with bail. The court must inform the accused of the right to apply for bail in certain circumstances.
Information provision. Section 8 requires the accused to be given information about bail and approved forms.
Powers and discretions
Jurisdiction to grant bail. Section 13 sets out the hierarchy of jurisdiction. Most bail decisions are made at the magistrates' court level. Section 14 gives judges of superior courts wide bail jurisdiction. Section 15 provides that only a judge of the Supreme Court or Children's Court may grant bail to an accused in custody for murder.
Murder accused - special regime (s 7B). An adult accused of murder may apply to a Supreme Court judge for bail at any time before conviction (s 7B(3)). Once bail is refused, the case cannot be reconsidered unless new facts or circumstances arise or the accused failed to adequately present their case (s 7B(5)-(6)). This is a deliberately restrictive regime that requires positive grounds to revisit a refusal.
Children charged with murder (s 7C). The judicial officer who has custody of a child charged with murder must ensure the child is brought before a Children's Court judge for bail consideration as soon as practicable.
Terrorism-linked accused (s 16B). Special restrictions apply to persons linked to terrorism.
Dispensing with bail (s 7A). A court may, in appropriate circumstances, dispense with the requirement for bail (for example, for minor matters where the accused is reliable and the process would be disproportionate).
Conditions. Courts have a wide discretion to impose conditions under Schedule 1, Part D, tailored to address the risk factors in the particular case. Conditions should be proportionate to the risks identified.
Variation and revocation (s 54). A prosecutor or police officer may cause an accused who has been released on bail to appear before a judicial officer to show cause why bail should not be varied or revoked if there are reasonable grounds to believe the accused: is unlikely to comply with bail requirements; is in breach of conditions; any surety is no longer suitable or any security is insufficient; the appeal has been discontinued; or new facts or circumstances have arisen including that the accused has become a person linked to terrorism (s 54(1)).
Penalties and enforcement
Failing to comply with bail undertaking (s 51). An accused who fails to appear at the required time and place without reasonable cause (s 51(1)) or who fails to appear as soon as practicable after a missed appearance (s 51(2)) commits an offence. The maximum penalty is a $10,000 fine or 3 years imprisonment, or both (s 51(6)). A court convicting under s 51 may also order the accused to pay costs of apprehension following the failure (s 51(7)).
Failure to comply with conditions (s 51(2a)). Where bail conditions include purposes specified in Schedule 1, Part D, clause 2(2)(c) or (d), failure to comply also constitutes an offence under s 51(2a).
Prosecution in superior courts (s 52). Where the court before which the accused was to appear is the Supreme Court or District Court, the accused is to be dealt with summarily for the s 51 offence before a judge of the relevant court.
Forfeiture. A surety who has given security may be liable to forfeit that sum if the accused fails to appear.
Arrest without warrant. A police officer may arrest a bailed accused without warrant to bring them before a judicial officer where the conditions for a show-cause process under s 54 are satisfied (s 54(2)(a)).
Process and timelines
Initial bail consideration. Must occur as soon as practicable after arrest and charge. The arresting officer considers bail first (s 6). If not released, the accused must be brought before a court as soon as practicable (s 5(1)(b)).
Court bail at each hearing. At each appearance, the court must consider bail for an unconvicted accused (s 7). At adjournments, the court typically continues bail or makes a fresh decision.
Murder accused. The initial appearance duty under s 7B(4) requires the judicial officer to inform the accused of their right to apply to a Supreme Court judge for bail. The application to the judge is a separate, distinct process.
Appeal against bail decisions. Section 15A provides for appeals to the Supreme Court against a judge's decision on bail in murder cases. Section 53 provides for appeals against decisions under s 52 (summary prosecution of s 51 offences).
Show cause proceedings. Under s 54(2)(b), an application may be made to the appropriate judicial officer for a summons or warrant. Proceedings are conducted in accordance with the Criminal Procedure Act 2004 rules (s 54(3)).
Interactions with other law
Criminal Procedure Act 2004 (WA). Section 52 and s 54 cross-reference the Criminal Procedure Act 2004 for the procedure in show-cause and s 51 prosecution proceedings in superior courts.
Criminal Appeals Act 2004 (WA). Section 53 applies Part 2 of the Criminal Appeals Act 2004 to appeals against decisions made under s 52 of the Bail Act 1982.
Criminal Investigation Act 2006 (WA). Section 6 references s 142 of the Criminal Investigation Act 2006 (unconditional release by arresting officer without charge) as the alternative to bail consideration.
Young Offenders Act 1994 (WA). The definition of "authorised community services officer" in s 3(1) references the superintendents and officers of detention centres under the Young Offenders Act 1994, who have roles in the bail consideration process for children.
Courts and Tribunals (Electronic Processes Facilitation) Act 2013 (WA). Section 4AB of the Bail Act applies Part 2 of that Act, enabling certain bail processes to be conducted electronically.
Gotchas
Once refused for murder, very high bar to reconsider. Under s 7B(5)-(6), once a Supreme Court judge has refused bail for a murder accused, the case cannot be reconsidered unless the accused can show new facts or circumstances, or that the case was not adequately presented. This prevents serial bail applications as a litigation tactic but means the initial application must be thorough.
Section 51 - reasonable cause defence only for s 51(1), not s 51(2). The "without reasonable cause" qualifier applies to s 51(1) (failure to appear at the specified time and place). Section 51(2) (failure to appear as soon as practicable after a missed appearance) does not contain the same qualifier. An accused who misses an appearance and then delays in presenting themselves to the court may have no defence on the second limb even if the original absence was excused.
Accused cannot be convicted in absence. Section 51(3) provides that an accused cannot be convicted in their absence of an offence under s 51. This protects against default convictions for bail breach when the accused is already before another court or cannot participate.
Electronic monitoring conditions are mandatory in some cases. Schedule 1, Part E clause 1 provides for circumstances in which an electronic monitoring condition must (not may) be imposed. Practitioners and courts need to check whether mandatory electronic monitoring conditions apply before bail is granted without them.
Show cause applications can be made before a breach. Section 54(1) allows show cause where the officer or surety has reasonable grounds to believe the accused is not likely to comply. This prospective application does not require an actual breach to have occurred, which can be significant where intelligence suggests a flight risk but no breach has yet taken place.
Practical examples
Example 1: Initial bail at the police station. A person is arrested and charged with an offence. The arresting officer has a duty under s 6 to consider bail. If the officer forms a view that bail should not be granted, or the offence is within a category where the officer lacks bail authority, the accused must be brought before a court as soon as practicable under s 5(1)(b).
Example 2: Murder accused bail application. An adult accused of murder is brought before a magistrate at their initial appearance. The magistrate cannot grant bail: only a Supreme Court judge has jurisdiction under s 15. The magistrate must inform the accused of the right to apply to a Supreme Court judge under s 7B(4). The accused then applies to a judge. The judge refuses bail. To bring a second application, the accused must satisfy the judge under s 7B(6) that new facts or circumstances have arisen or that the initial case was inadequately presented.
Example 3: Electronic monitoring condition. An accused on bail for a serious assault is granted bail with a home detention condition under s 28(2)(d). They must remain at specified premises subject to the terms set. Breach of the home detention condition makes the accused liable under s 51(2a), in addition to the s 54 show-cause process being available to the prosecutor.
Example 4: Bail breach prosecution. An accused fails to appear at their scheduled Magistrates Court hearing without reasonable cause. Section 51(1) is engaged. A warrant is issued. The accused is apprehended and charged with the s 51(1) offence. On conviction, the court may impose a fine up to $10,000 or imprisonment up to 3 years, or both, and may also order the costs of apprehension under s 51(7).
Example 5: Surety withdrawal. A surety who has guaranteed the accused's appearance forms the view that the accused intends to abscond. The surety notifies the prosecutor in writing (s 54(1)(a)). The prosecutor may then cause the accused to appear before an appropriate judicial officer to show cause why bail should not be varied or revoked (s 54(1)).
Person arrested on warrant, bail of 35
16A. Person arrested in urban area, restrictions on who can grant bail for in some cases 36
16B. Person linked to terrorism 37
Conditions on bail which may be imposed 37
17AA. Conditions on bail that must be imposed 38
17A. Child on bail, changing responsible person for (Sch. 1 Pt. C cl. 2) 38
Part IV — Hearing of case for bail, parties, and evidence
Bail hearing for indictable offence, court may restrict publication or hold in private 40
Parties to bail proceedings 41
Evidence at bail hearings 41
Accused not bound to supply information 42
Court or authorised officer may ask police to verify accused’s information or make report 42
24A. Court may ask community corrections officer to verify accused’s information or make report 43
24B. Court may ask community corrections officer to make list of conditions for electronic monitoring condition 44
Information given by accused for bail purposes not admissible at trial 44
Record of bail decision and reasons 45
Relevant papers to be made available to court where accused to appear 46
27A. Papers to be sent to CEO (corrections) in case of bail with home detention condition or electronic monitoring condition 46
Part V — Bail undertakings
Nature of bail undertaking and when required 48
Before whom bail undertaking may be entered into 49
Duties of person before whom bail undertaking is entered into 50
Different time and place for appearance, substituting 50
31A. Amending conditions on bail during trial 53
Notices under s. 31, service and proof of 54
Judicial officer may order accused to enter into bail undertaking 56
When bail undertaking ceases to have effect 57
Part VI — Sureties and surety undertakings
Surety and surety undertaking 58
Sureties, who may approve 58
Proposed surety to receive certain information and form 59
Persons disqualified from being sureties 59
Matters to be regarded when approving sureties 61
Decision on application by proposed surety 61
Finality of decision to refuse approval of surety 62
Before whom surety undertaking may be entered into 62
Duties of person before whom surety undertaking is entered into 63
43A. Entering into surety undertaking where proposed surety interstate M 63
When surety undertaking extends to different time or different time and place substituted under s. 31 65
Notices under s. 44, service and proof of 66
Surety’s power to arrest accused 68
When surety undertaking ceases to have effect 69
Surety may apply for cancellation of his undertaking 70
Surety’s undertaking to pay money, enforcing 70
Indemnifying surety, offence 73
Part VIA — Administration of home detention conditions
50A. Application of Part 74
50C. Powers and duties of community corrections officers 74
50D. Powers of members of Police Force 76
50E. CEO (corrections) may substitute different place of detention and apply conditions 76
50F. CEO (corrections) may revoke bail 77
50G. Procedure on arrest after revocation under s. 50F 77
50H. Rules of natural justice excluded 78
50J. Delegation by CEO (corrections) 79
50L. Rules for this Part 79
50M. Failure to comply with direction 80
Part 6B — Administration of electronic monitoring conditions
50N. Application of Part 81
50O. Powers of members of Police Force 81
50P. CEO (corrections) may substitute different place where device is to be installed and apply conditions 81
50Q. CEO (corrections) may revoke bail 82
50R. Procedure on arrest after revocation under s. 50Q 83
50S. Rules of natural justice excluded 83
50T. Delegation by CEO (corrections) 84
50U. Rules for this Part 84
50V. Failure to comply with direction 84
Part VII — Enforcement of bail undertakings
Failing to comply with bail undertaking, offence 86
51A. Prosecuting s. 51 offence for non-appearance in court of summary jurisdiction 87
Prosecuting s. 51 offence for non-appearance in superior court 87
Appeal against decision made under s. 52 89
Bailed accused may be taken before judicial officer to show cause against variation or revocation of bail 90
54A. Accused on committal may be taken for purposes of s. 54 before judicial officer by which committed 92
Judicial officer may revoke bail of accused before court under s. 54 93
Offence under s. 51, court to order forfeiture of money under bail undertaking 94
Automatic forfeiture of money on expiration of one year after absconding 95
Part VIII — Miscellaneous
Order for forfeiture, court’s additional powers as to 97
59A. If bail dispensed with, accused may be taken before judicial officer for reconsideration of matter 97
59B. Absconding accused, warrant for arrest of 98
Change of address, accused and surety to notify 99
Failing to bring arrested person before court or person able to grant bail, offence 99
Giving false information for bail purposes, offence 100
Protection from personal liability 100
Proving appearance or non‑appearance by accused 100
Bail undertakings by child, effect of 101
Other powers or duties to grant bail abolished 101
66A. Delegation by registrar of court 101
66B. Video link or audio link, use of in bail proceedings 102
66C. Protection of terrorist intelligence information in bail proceedings 103
66D. Annual report to include information about application of s. 66C 104
66E. Retrieving monitoring equipment 106
66F. Disclosing electronic monitoring information 106
66G. Disclosure under s. 66F not subject to other laws and effect of disclosure 107
66H. Powers of CEO (corrections) 108
Regulations 108
67A. Review of amendments made by Bail Amendment (Persons Linked to Terrorism) Act 2019 109
Schedule 1 — Jurisdiction as to bail and related matters
Part A — Jurisdiction relating to bail
Initial appearance 110
Appearance after adjournment 111
Appearance on committal to Supreme Court or District Court 111
Appearance in connection with appeal, rehearing etc. 111
Appearance prescribed by regulation 112
Appearances not otherwise provided for 112
Term used: proceedings for an offence 112
Part B — Cessation of powers relating to bail
Upon decision by judge, power of other officers ceases 113
1A. Upon decision by Court of Appeal, other powers cease 113
Upon decision by judicial officer, his power and that of his peers ceases 113
Upon refusal of bail for initial appearance, certain powers cease 114
Judicial officer’s powers if accused proves new facts or changed circumstances 114
Part C — Manner in which jurisdiction to be exercised
1A. Terms used 115
Bail before conviction at discretion of court or judicial officer except for child 115
Child to have qualified right to bail 117
Matters relevant to cl. 1(a) 119
3AA. Additional relevant matters in cases of sexual offences against child victims 119
3AB. Concerns of child victims 120
3A. Bail for accused charged with serious offence committed while on bail or early release for another serious offence 121
3B. Exceptional reasons under cl. 3A(1), determining 122
3C. Bail in murder cases 124
3D. Bail in cases under High Risk Serious Offenders Act 2020 section 80(1) 125
3E. Bail in cases of person linked to terrorism 126
3F. Bail in cases of family violence offence (category B) involving serial family violence offender 128
3G. Bail in cases of family violence offence (category A) involving accused bound by family violence restraining order 130
Bail after conviction for accused awaiting sentence 131
4A. Bail after conviction for accused awaiting disposal of appeal 132
Exception to cl. 4A for bail in appeal under Criminal Appeals Act 2004 Part 2 132
Bail of people on community or similar orders 132
Bail for initial appearance to be for not more than 30 days 133
Bail on adjournment in court of summary jurisdiction to be for not more than 30 days except by consent 133
Calculating periods for cl. 7 and 8 133
Part D — Conditions which may be imposed on a grant of bail
Conditions as to forfeiture, sureties, security etc. 133
Other conditions 135
Home detention condition 138
Part E — Condition that must be imposed on a grant of bail for particular accused persons
Electronic monitoring condition 142
Schedule 2 — Serious offences
Notes
Compilation table 162
Other notes 168
Defined terms
Western Australia
Bail Act 1982
An Act to make better provision for bail in criminal proceedings.
Part I — Preliminary
1. Short title
This Act may be cited as the Bail Act 1982.
2. Commencement
This Act shall come into operation on a day to be fixed by proclamation.
3. Terms used
(1) In this Act, unless a contrary intention appears —
accused includes —
(a) a person charged with, convicted of, or found guilty of an offence;
(b) a person whose conviction for an offence is stayed;
(c) a person in respect of whom an appeal relating to an offence is pending;
(d) a person in respect of whom a new trial for an offence has been ordered;
adjournment —
(a) means any order of a court by which proceedings for an offence are postponed or interrupted or are to be held at a different time or place before the same court; and
(b) is deemed to include any order of a court, other than a committal to the Supreme Court or District Court, by which the venue of any proceedings for an offence is changed to another court or a court at another place whether by way of a remand, referral, or recommittal of the accused or otherwise;
appeal includes an application for leave to appeal;
appropriate judicial officer means —
(a) subject to paragraphs (b), (c) and (d), a judicial officer who is empowered to exercise jurisdiction in the court before which the accused is required to appear pursuant to his bail undertaking; or
(b) if the court is the Court of Appeal, a judge of appeal; or
(c) except in section 49, a judge of the Supreme Court or of the Children’s Court, as the case may require, in any case where —
(i) under section 15 only a judge of the Supreme Court or of the Children’s Court has power to grant bail; or
(ii) a judicial officer has exercised the power contained in section 31(2)(d),
for the appearance in question; or
(d) except in section 49, a judge of the Supreme Court, of the District Court, or of the Children’s Court, as the case may require, in any case where such a judge has granted bail under section 14 for the appearance in question;
approved, in relation to a form, means approved by the chief executive officer of the department of the Public Service principally assisting in the administration of this Act;
approved electronic monitoring device means —
(a) an electronic monitoring device that has been approved by the CEO (corrections); and
(b) any equipment, wires or other items associated with a device under paragraph (a);
as soon as is practicable means as soon as is reasonably practicable;
authorised community services officer means any of the following persons —
(a) the CEO (corrections) or a delegate of the CEO (corrections) under subsection (5);
(b) a registrar of the Children’s Court;
(c) a superintendent of a detention centre under the Young Offenders Act 1994;
(d) the officer for the time being in charge of any detention centre under the Young Offenders Act 1994;
authorised officer means an authorised police officer or an authorised community services officer;
authorised police officer means —
(a) a police officer who holds the rank of sergeant, or a higher rank;
(b) the police officer who is for the time being in charge of a police station;
(c) whichever of these officers is for the time being in charge of a lock‑up —
(i) a police officer;
(ii) a special constable appointed under the Police Act 1892 Part III whose powers, duties and obligations are or include those of an authorised police officer under this Act;
(iii) a police auxiliary officer appointed under the Police Act 1892 Part IIIB whose powers, duties and obligations are or include those of an authorised police officer under this Act;
bail undertaking means an undertaking described in section 28(2);
CEO (corrections) means the chief executive officer of the Public Sector agency principally assisting the Minister administering Part 8 of the Sentence Administration Act 2003 in its administration;
Chief Judge means the Chief Judge of the District Court;
Chief Justice means the Chief Justice of Western Australia;
child has the same meaning as young person has in the Young Offenders Act 1994;
Commonwealth Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 (Commonwealth);
community corrections officer has the same meaning as in the Sentence Administration Act 2003;
confirmed control order has the meaning given in the Commonwealth Criminal Code section 100.1(1);
court means each of the following —
(a) the Magistrates Court;
(b) the Children’s Court;
(c) the Coroner’s Court of Western Australia;
(d) the District Court;
(e) the Supreme Court;
(f) the Court of Appeal;
court custody centre has the meaning given in the Court Security and Custodial Services Act 1999 section 3;
designated family relationship means a relationship between 2 persons —
(a) who are, or were, married to each other; or
(b) who are, or were, in a de facto relationship with each other; or
(c) who have, or had, an intimate personal relationship with each other; or
(d) one of whom is a child who —
(i) ordinarily resides, or resided, with the other person; or
(ii) regularly resides or stays, or resided or stayed, with the other person;
or
(e) one of whom is, or was, a child of whom the other person is a guardian;
Director of Public Prosecutions means —
(a) the Director of Public Prosecutions for the State; or
(b) the officer in charge in the State of the Commonwealth Office of the Director of Public Prosecutions,
as the case requires;
early release order means an early release order made under the Sentence Administration Act 1995 1 or *Sentence Admini
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