Western Australia: Bail Act 1982 (WA)

Western Australia Bail Act 1982 Western Australia Bail Act 1982 Contents Part I — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Application of this Act 1 4AB. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 1 4A. Accused appearing on summons or court hearing notice, detention and bail of 1 Part II — Rights of accused in relation to bail 5. Accused's rights to have bail considered 1 6. Arresting officer's duty to consider bail 1 6A. Officials considering bail may order release without bail 1 7. Court to consider bail for unconvicted accused 1 7A. Bail may be dispensed with by court 1 7B. Adult accused of murder 1 7C. Child accused of murder 1 7D. Bail after initial decision by court, court's duty as to 1 7E. Bail refused for trial, court's duty during trial 1 7F. Appeal from court of summary jurisdiction, bail in case of 1 8. Accused to be given information, approved forms etc. 1 9. Bail decision may be deferred until more information obtained 1 10. Sections 5, 6 and 7 do not apply if accused imprisoned for other cause 1 11. Accused's rights following grant of bail 1 12. Rights in s. 7A(2) and 11, limitations on 1 Part III — Jurisdiction relating to bail 13. Jurisdiction to grant bail and exercise of jurisdiction 1 13A. Jurisdiction in s. 7A to dispense with bail, who has and exercise of 1 13B. Notices under s. 13A(3), service and proof of 1 14. Judges, jurisdiction of 1 15. Accused charged with murder, jurisdiction as to bail for 1 15A. Appeal against judge's decision on bail, commencement and conduct 1 15B. Appeal under s. 15A, determination 1 16. Person arrested on warrant, bail of 1 16A. Person arrested in urban area, restrictions on who can grant bail for in some cases 1 16B. Person linked to terrorism 1 17. Conditions on bail which may be imposed 1 17AA. Conditions on bail that must be imposed 1 17A. Child on bail, changing responsible person for (Sch. 1 Pt. C cl. 2) 1 Part IV — Hearing of case for bail, parties, and evidence 20. Bail hearing for indictable offence, court may restrict publication or hold in private 1 21. Parties to bail proceedings 1 22. Evidence at bail hearings 1 23. Accused not bound to supply information 1 24. Court or authorised officer may ask police to verify accused's information or make report 1 24A. Court may ask community corrections officer to verify accused's information or make report 1 24B. Court may ask community corrections officer to make list of conditions for electronic monitoring condition 1 25. Information given by accused for bail purposes not admissible at trial 1 26. Record of bail decision and reasons 1 27. Relevant papers to be made available to court where accused to appear 1 27A. Papers to be sent to CEO (corrections) in case of bail with home detention condition or electronic monitoring condition 1 Part V — Bail undertakings 28. Nature of bail undertaking and when required 1 29. Before whom bail undertaking may be entered into 1 30. Duties of person before whom bail undertaking is entered into 1 31. Different time and place for appearance, substituting 1 31A. Amending conditions on bail during trial 1 32. Notices under s. 31, service and proof of 1 33. Judicial officer may order accused to enter into bail undertaking 1 34. When bail undertaking ceases to have effect 1 Part VI — Sureties and surety undertakings 35. Surety and surety undertaking 1 36. Sureties, who may approve 1 37. Proposed surety to receive certain information and form 1 38. Persons disqualified from being sureties 1 39. Matters to be regarded when approving sureties 1 40. Decision on application by proposed surety 1 41. Finality of decision to refuse approval of surety 1 42. Before whom surety undertaking may be entered into 1 43. Duties of person before whom surety undertaking is entered into 1 43A. Entering into surety undertaking where proposed surety interstate M 1 44. When surety undertaking extends to different time or different time and place substituted under s. 31 1 45. Notices under s. 44, service and proof of 1 46. Surety's power to arrest accused 1 47. When surety undertaking ceases to have effect 1 48. Surety may apply for cancellation of his undertaking 1 49. Surety's undertaking to pay money, enforcing 1 50. Indemnifying surety, offence 1 Part VIA — Administration of home detention conditions 50A. Application of Part 1 50C. Powers and duties of community corrections officers 1 50D. Powers of members of Police Force 1 50E. CEO (corrections) may substitute different place of detention and apply conditions 1 50F. CEO (corrections) may revoke bail 1 50G. Procedure on arrest after revocation under s. 50F 1 50H. Rules of natural justice excluded 1 50J. Delegation by CEO (corrections) 1 50L. Rules for this Part 1 50M. Failure to comply with direction 1 Part 6B — Administration of electronic monitoring conditions 50N. Application of Part 1 50O. Powers of members of Police Force 1 50P. CEO (corrections) may substitute different place where device is to be installed and apply conditions 1 50Q. CEO (corrections) may revoke bail 1 50R. Procedure on arrest after revocation under s. 50Q 1 50S. Rules of natural justice excluded 1 50T. Delegation by CEO (corrections) 1 50U. Rules for this Part 1 50V. Failure to comply with direction 1 Part VII — Enforcement of bail undertakings 51. Failing to comply with bail undertaking, offence 1 51A. Prosecuting s. 51 offence for non-appearance in court of summary jurisdiction 1 52. Prosecuting s. 51 offence for non-appearance in superior court 1 53. Appeal against decision made under s. 52 1 54. Bailed accused may be taken before judicial officer to show cause against variation or revocation of bail 1 54A. Accused on committal may be taken for purposes of s. 54 before judicial officer by which committed 1 55. Judicial officer may revoke bail of accused before court under s. 54 1 57. Offence under s. 51, court to order forfeiture of money under bail undertaking 1 58. Automatic forfeiture of money on expiration of one year after absconding 1 Part VIII — Miscellaneous 59. Order for forfeiture, court's additional powers as to 1 59A. If bail dispensed with, accused may be taken before judicial officer for reconsideration of matter 1 59B. Absconding accused, warrant for arrest of 1 60. Change of address, accused and surety to notify 1 61. Failing to bring arrested person before court or person able to grant bail, offence 1 62. Giving false information for bail purposes, offence 1 63. Protection from personal liability 1 64. Proving appearance or non‑appearance by accused 1 65. Bail undertakings by child, effect of 1 66. Other powers or duties to grant bail abolished 1 66A. Delegation by registrar of court 1 66B. Video link or audio link, use of in bail proceedings 1 66C. Protection of terrorist intelligence information in bail proceedings 1 66D. Annual report to include information about application of s. 66C 1 66E. Retrieving monitoring equipment 1 66F. Disclosing electronic monitoring information 1 66G. Disclosure under s. 66F not subject to other laws and effect of disclosure 1 66H. Powers of CEO (corrections) 1 67. Regulations 1 67A. Review of amendments made by Bail Amendment (Persons Linked to Terrorism) Act 2019 1 Schedule 1 — Jurisdiction as to bail and related matters Part A — Jurisdiction relating to bail 1. Initial appearance 1 2. Appearance after adjournment 1 3. Appearance on committal to Supreme Court or District Court 1 4. Appearance in connection with appeal, rehearing etc. 1 5. Appearance prescribed by regulation 1 6. Appearances not otherwise provided for 1 7. Term used: proceedings for an offence 1 Part B — Cessation of powers relating to bail 1. Upon decision by judge, power of other officers ceases 1 1A. Upon decision by Court of Appeal, other powers cease 1 2. Upon decision by judicial officer, his power and that of his peers ceases 1 3. Upon refusal of bail for initial appearance, certain powers cease 1 4. Judicial officer's powers if accused proves new facts or changed circumstances 1 Part C — Manner in which jurisdiction to be exercised 1A. Terms used 1 1. Bail before conviction at discretion of court or judicial officer except for child 1 2. Child to have qualified right to bail 1 3. Matters relevant to cl. 1(a) 1 3AA. Additional relevant matters in cases of sexual offences against child victims 1 3AB. Concerns of child victims 1 3A. Bail for accused charged with serious offence committed while on bail or early release for another serious offence 1 3B. Exceptional reasons under cl. 3A(1), determining 1 3C. Bail in murder cases 1 3D. Bail in cases under High Risk Serious Offenders Act 2020 section 80(1) 1 3E. Bail in cases of person linked to terrorism 1 3F. Bail in cases of family violence offence (category B) involving serial family violence offender 1 3G. Bail in cases of family violence offence (category A) involving accused bound by family violence restraining order 1 4. Bail after conviction for accused awaiting sentence 1 4A. Bail after conviction for accused awaiting disposal of appeal 1 5. Exception to cl. 4A for bail in appeal under Criminal Appeals Act 2004 Part 2 1 6. Bail of people on community or similar orders 1 7. Bail for initial appearance to be for not more than 30 days 1 8. Bail on adjournment in court of summary jurisdiction to be for not more than 30 days except by consent 1 9. Calculating periods for cl. 7 and 8 1 Part D — Conditions which may be imposed on a grant of bail 1. Conditions as to forfeiture, sureties, security etc. 1 2. Other conditions 1 3. Home detention condition 1 Part E — Condition that must be imposed on a grant of bail for particular accused persons 1. Electronic monitoring condition 1 Schedule 2 — Serious offences Notes Compilation table 1 Other notes 1 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 Administration Act 2003; electronic monitoring condition means an electronic monitoring condition imposed under Schedule 1 Part E clause 1; family relationship has the meaning given in the Restraining Orders Act 1997 section 4(1); home detention condition means a home detention condition imposed under clause 3 of Part D of Schedule 1; interim control order has the meaning given in the Commonwealth Criminal Code section 100.1(1); judge of appeal has the meaning given in the Supreme Court Act 1935 section 4(1); judicial officer means any person empowered to exercise jurisdiction in a court whether or not he is sitting as a court, and includes a single justice and, where the context so requires, the Court of Appeal exercising jurisdiction under this Act; lock‑up includes a place prescribed as a lock‑up for the purposes of the Court Security and Custodial Services Act 1999; offence means any act, omission or conduct which renders the person doing the act, making the omission or engaging in the conduct liable to any punishment, and includes an alleged offence; but nothing in this definition shall limit the operation of subsection (4); person linked to terrorism means a person who — (a) is charged with, or has been convicted of, a terrorism offence; or (b) is the subject of an interim control order or confirmed control order, or has been the subject of a confirmed control order within the last 10 years; prosecutor includes — (a) in the case of an offence charged in a prosecution notice, the prosecutor; (b) in the case of an offence charged in an indictment, the State or the Commonwealth, as the case may be; registrar of a court means — (a) for a court other than the Coroner's Court of Western Australia, the principal registrar, a registrar or a deputy registrar of the court; or (b) for the Coroner's Court of Western Australia, a coroner's registrar as defined in the Coroners Act 1996 section 3; serial family violence offender means a person declared to be a serial family violence offender under the Sentencing Act 1995 section 124E; serious offence means — (a) an offence against section 50M(1) or (2), 50V(1) or (2) or 51(2a); and (b) an offence described in Schedule 2; sexual offence means — (a) an offence described in Schedule 2 that is of a sexual nature; or (b) an offence under a written law that has been repealed, if the acts or omissions alleged against the accused that constitute the offence under the repealed written law would constitute an offence referred to in paragraph (a); or (c) an offence of attempting, or of conspiracy or incitement, to commit an offence referred to in paragraph (a) or (b); or (d) an offence of becoming an accessory after the fact (as defined in The Criminal Code section 10) to an offence referred to in paragraph (a) or (b); surety and surety undertaking have the meanings assigned to them by section 35; surety approval officer means a person who is authorised by section 36 to decide whether an applicant should be approved as a surety; terrorism offence means — (a) an offence against the Commonwealth Criminal Code Division 72 Subdivision A; or (b) an offence against the Commonwealth Criminal Code Division 80 Subdivision B; or (c) an offence against the Commonwealth Criminal Code Part 5.3, except an offence against section 104.22, 104.27, 104.27A, 105.41 or 105.45; or (d) an offence against the Commonwealth Criminal Code Part 5.5; or (e) an offence against either of the following provisions of the Charter of the United Nations Act 1945 (Commonwealth) — (i) Part 4; or (ii) Part 5, to the extent that it relates to the Charter of the United Nations (Sanctions — Al‑Qaida) Regulations 2008 (Commonwealth); or (f) an offence against the Crimes (Foreign Incursions and Recruitment) Act 1978 (Commonwealth) (repealed); or (g) an offence against the Crimes (Internationally Protected Persons) Act 1976 (Commonwealth) section 8; or (h) an offence under a written law or a law of the Commonwealth, another State, a Territory or another country, that substantially corresponds to an offence in paragraphs (a) to (e) and (g); or (i) an offence of attempting, inciting or conspiring to commit an offence referred to in paragraphs (a) to (h); terrorist act has the meaning given in the Terrorism (Commonwealth Powers) Act 2002 section 3; terrorist intelligence information means information relating to an actual or suspected terrorist act (whether in this State or elsewhere) the disclosure of which could reasonably be expected — (a) to prejudice national security; or (b) to endanger a person's life or physical safety; or (c) to threaten significant damage to infrastructure or property; or (d) to prejudice a criminal investigation; or (e) to reveal intelligence‑gathering methodologies, investigative techniques or technologies or covert practices; or (f) to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement; trial means all proceedings for an offence between — (a) the time when the accused is called upon to plead to the prosecution notice or the indictment; and (b) the time when the accused is found not guilty or is sentenced. (1A) For the purposes of the definition of designated family relationship in subsection (1), an intimate personal relationship exists between 2 persons (including persons of the same sex) if — (a) the persons are engaged to be married to each other, including a betrothal under cultural or religious tradition; or (b) the persons date each other, or have a romantic involvement with each other, whether or not a sexual relationship is involved. (1B) In deciding whether an intimate personal relationship exists under subsection (1A)(b), the following may be taken into account — (a) the circumstances of the relationship, including, for example, the level of trust and commitment; (b) the length of time the relationship has existed; (c) the frequency of contact between the persons; (d) the level of intimacy between the persons. (2) A reference in this Act — (a) to a power to grant bail includes a reference to a power to refuse bail; (b) to a grant of bail includes a reference to a grant of bail by the exercise of a power in section 31(2). (3) Where in this Act there is a reference to a requirement that an accused appear in court, the reference is to a requirement, unless a contrary intention appears, that the accused — (a) surrender himself into the custody of the court or, in the case of a bail undertaking, of the court specified therein, or of such person as the court may direct, to be dealt with according to law; and (b) submit himself to a search of his person and any property then in his possession (which is hereby authorised) and allow to be taken from him, to be dealt with according to the relevant law and procedures, anything so found; and (c) remain in custody until authorised to be released therefrom. (4) If a person is arrested under a warrant issued — (a) under section 50, 79, 84E or 129 of the Sentencing Act 1995 in connection with a possible breach of a conditional release order, a sentence of suspended imprisonment or conditional suspended imprisonment, or a community order imposed under that Act; or (b) under section 43 of the Young Offenders Act 1994 in respect of an alleged breach of a youth community based order, an intensive youth supervision order or a conditional release order made under that Act, then — (c) the person is to be taken as having been arrested and to be in custody awaiting an appearance in court for the offence for which the sentence was imposed; and (d) the first appearance in court after the arrest is to be taken, for the purposes of sections 5(1) and 8(1) and clause 1 of Part A and clause 7 of Part C of Schedule 1, to be the initial appearance for that offence; and (e) the proceedings following the arrest are to be taken to be proceedings for that offence and to be a trial for the purpose of the definition in subsection (1) of trial. (5) The CEO (corrections) may by writing signed by him delegate to any officer of the department of which he is the chief executive officer any function he has under this Act as an authorised community services officer. [Section 3 amended: No. 74 of 1984 s. 3; No. 15 of 1988 s. 4; No. 49 of 1988 s. 78; No. 61 of 1990 s. 4; No. 31 of 1993 s. 6; No. 45 of 1993 s. 4 and 12; No. 78 of 1995 s. 7; No. 57 of 1997 s. 21(1); No. 54 of 1998 s. 4 and 14; No. 47 of 1999 s. 7; No. 50 of 2003 s. 29(3); No. 65 of 2003 s. 121(2); No. 27 of 2004 s. 13(2); No. 34 of 2004 Sch. 2 cl. 3(2); No. 45 of 2004 s. 28(4); No. 59 of 2004 s. 141; No. 84 of 2004 s. 11, 82 and 83(2); No. 65 of 2006 s. 51 and 53; No. 6 of 2008 s. 4 and 24(2); No. 46 of 2011 s. 25; No. 20 of 2013 s. 22; No. 15 of 2019 s. 4; No. 13 of 2020 s. 22; No. 30 of 2020 s. 39; No. 29 of 2022 s. 4; No. 28 of 2024 s. 4.] [Section 3. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009. See endnote 1M; amended: No. 42 of 2009 s. 12.] [3A. Deleted: No. 20 of 2013 s. 23.] 4. Application of this Act The operation of this Act extends to any appearance in a court for an offence — (a) except to the extent that in this Act, or in the law creating the offence or applicable thereto, express provision is made excluding or limiting the operation of this Act in respect of that appearance; and (b) whether or not that law contains a reference to the granting of bail; and (c) however any reference in that law to the granting of bail may be expressed; and (d) as if any reference therein to the taking of a recognizance were to a requirement that, except where bail is dispensed with under this Act, the accused enter into a bail undertaking. [Section 4 amended: No. 84 of 2004 s. 82.] [4AA. 1M Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section inserted 1 Nov 2009. See endnote 1M.] 4AB. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act. [Section 4AB inserted: No. 20 of 2013 s. 24.] 4A. Accused appearing on summons or court hearing notice, detention and bail of (1) Where — (a) an accused has appeared in court for an offence pursuant to a summons or court hearing notice issued under the Criminal Procedure Act 2004; and (b) a judicial officer adjourns the proceedings, the accused is not to be detained in custody to further appear before the court for that offence unless the judicial officer so orders. (2) If an order is made under subsection (1), the duty described in section 7(1) applies. (3) On any appearance in court by the accused a judicial officer to whom section 7(1) applies may revoke an order made under subsection (1). [Section 4A inserted: No. 6 of 2008 s. 6(1).] Part II — Rights of accused in relation to bail [Heading amended: No. 84 of 2004 s. 82.] 5. Accused's rights to have bail considered (1) An accused who is in custody for an offence awaiting his initial appearance in court therefor is entitled — (a) subject to sections 9, 10, 12 and 16(2), to have his case for bail for that appearance considered under and in accordance with this Act as soon as is practicable; (b) if his case is not so considered, or if he is refused bail or is not released on bail, to be brought before a court as soon as is practicable. (2) An accused who is in custody awaiting any appearance in court for an offence, other than an initial appearance, is entitled, subject to sections 7B, 7C, 7E, 9 and 10, to have his case for bail for that appearance considered under and in accordance with this Act. [Section 5 amended: No. 74 of 1984 s. 4; No. 84 of 2004 s. 82; No. 6 of 2008 s. 7.] 6. Arresting officer's duty to consider bail (1) This section applies to a police officer or other person (the arrester) who — (a) charges a person who is under arrest (the accused) with an offence; and (b) does not release the accused unconditionally under section 142 of the Criminal Investigation Act 2006, or who arrests a person under a warrant. (2) This section is subject to — (a) the exercise of the power conferred by section 9; and (b) sections 10, 12 and 16 and Schedule 1 Part C clauses 3A, 3D, 3F and 3G. (3) The duties in this section shall be performed whether or not an application for bail is made by or on behalf of the accused. (4) As soon as is practicable after the accused is charged, or arrested under a warrant, as the case may be, the arrester shall either — (a) bring the accused or cause the accused to be brought before a court; or (b) perform the other duties of the arrester under this section. (5) If the arrester has power to grant the accused bail, the arrester shall consider the accused's case for bail. (6) If the arrester does not have power to grant the accused bail, the arrester shall, unless subsection (8), (9), (10) or (11) applies, bring or cause the accused to be brought before an authorised police officer or a justice or, in the case of a child, any authorised officer or a justice, who shall consider the accused's case for bail as soon as is practicable. (7) Even if the arrester has power to grant the accused bail, the arrester may, instead of complying with subsection (5), comply with subsection (6) as if the arrester did not. (8) If under section 15 only a judge of the Supreme Court or a judge of the Children's Court has power to grant the accused bail, the arrester shall bring the accused or cause the accused to be brought before a judge of the Supreme Court or a judge of the Children's Court, as the case requires, who shall consider the accused's case for bail as soon as is practicable. (9) If under section 16 only a justice has power to grant the accused bail, the arrester shall bring the accused or cause the accused to be brought before a justice, who shall consider the accused's case for bail as soon as is practicable. (10) If section 16A applies, the arrester shall bring the accused or cause the accused to be brought before a court or judge referred to in section 16A(1), who shall consider the accused's case for bail as soon as is practicable. (11) If section 16B applies, the arrester must bring the accused or cause the accused to be brought before a court constituted by a judicial officer other than a justice, who must consider the accused's case for bail as soon as is practicable. [Section 6 inserted: No. 59 of 2006 s. 4(1); amended: No. 21 of 2017 s. 4; No. 15 of 2019 s. 5; No. 30 of 2020 s. 40; No. 28 of 2024 s. 5.] 6A. Officials considering bail may order release without bail (1) In this section — accused means an accused who is under arrest, other than pursuant to a warrant; released means released from custody without being required to enter into, or without having entered into, a bail undertaking; summary court means the Magistrates Court or the Children's Court. (2) An authorised officer or justice who is considering an accused's case for bail for an initial appearance in a summary court on a charge of an indictable offence that is not a serious offence may order that the accused be served with a summons under the Criminal Procedure Act 2004, and released, in respect of the charge unless satisfied — (a) that there are reasonable grounds to suspect the accused would not obey the summons if served with it; or (b) that not releasing the accused is justified under subsection (4) or for any other reason. (3) An authorised officer or justice who is considering an accused's case for bail for an initial appearance in a summary court on a charge of a simple offence must order that the accused be served with a court hearing notice under the Criminal Procedure Act 2004, and released, in respect of the charge unless satisfied — (a) that the presence of the accused when the charge is dealt with is likely to be necessary for any reason or for sentencing purposes; or (b) that not releasing the accused is justified under subsection (4) or for any other reason. (4) Not releasing an accused is justified if there are reasonable grounds to suspect that if the accused were released — (a) the accused — (i) would commit an offence; or (ii) would continue or repeat an offence with which he or she is charged; or (iii) would endanger another person's safety or property; or (iv) would interfere with witnesses or otherwise obstruct the course of justice, whether in relation to the accused or any other person; or (b) the accused's safety would be endangered. (5) This section does not affect the operation of section 28 or 30 of the Criminal Procedure Act 2004. [Section 6A inserted: No. 59 of 2006 s. 5; amended: No. 29 of 2022 s. 5.] 7. Court to consider bail for unconvicted accused (1) Upon and following an accused's initial appearance in court for an offence every judicial officer who may thereafter order his detention or continued detention in custody before conviction for the offence is under a duty, unless section 7B, 7C or 7E applies, to consider the accused's case for bail, whether or not an application for bail is made by the accused or on his behalf. [(2)‑(4) deleted] (5) The operation of this section is subject to the exercise of the powers conferred by sections 7A and 9 and to the provisions of sections 10, 12 and 16(2) and Schedule 1 Part C clauses 3A, 3D, 3E, 3F and 3G. [Section 7 amended: No. 74 of 1984 s. 5; No. 49 of 1988 s. 80; No. 45 of 1993 s. 6; No. 84 of 2004 s. 82; No. 59 of 2006 s. 4(2); No. 6 of 2008 s. 8; No. 21 of 2017 s. 5; No. 15 of 2019 s. 6; No. 30 of 2020 s. 41; No. 28 of 2024 s. 6.] 7A. Bail may be dispensed with by court (1) A judicial officer referred to in section 7(1) may, instead of discharging the duty imposed by that subsection, dispense with the requirement for bail for an appearance in court for an offence by an accused if the judicial officer — (a) has jurisdiction to do so under section 13A(1); and (b) may properly do so under section 13A(2). (2) Where the requirement for bail is dispensed with under this section, the accused has a right to be at liberty until the accused is required to appear before a court for the offence, but subject to — (a) section 59A; and (b) any requirement that the accused be in custody for some other offence or reason. [Section 7A inserted: No. 6 of 2008 s. 9(1).] 7B. Adult accused of murder (1) In this section — judge means a judge of the Supreme Court. (2) This section applies where — (a) an accused is in custody for an offence of murder so that under section 15 only a judge has power to grant bail; and (b) the accused is not a child. (3) Where this section applies the accused, or a person on the accused's behalf, may make an application to a judge for bail at any time before conviction for the offence. (4) Upon an accused's initial appearance in court for an offence of murder, the judicial officer who may order the accused's detention in custody is under a duty to inform the accused of the right conferred by subsection (3). (5) Where — (a) an accused's case for bail has been considered by a judge on an application under subsection (3); and (b) bail has been refused, the accused's case for bail shall not be considered on any subsequent occasion in the same case when the accused's continued detention may be ordered unless subsection (6) applies. (6) The accused's case for bail shall again be considered by a judge if the accused, or a person on the accused's behalf, applies to a judge and satisfies the judge that — (a) new facts have been discovered, new circumstances have arisen or the circumstances have changed since bail was refused; or (b) the accused failed to adequately present the accused's case for bail on the previous occasion. (7) Where — (a) an accused's case for bail has been considered by a judge on an application under subsection (3); and (b) bail has been granted, on any subsequent appearance in the same case a judicial officer may order, notwithstanding section 15, that bail is to continue on the same terms and conditions. (8) The accused is to be taken before a judge for the purposes of an application under this section only if the judge so orders. [Section 7B inserted: No. 6 of 2008 s. 9(1); amended: No. 29 of 2008 s. 24(2) and (3).] 7C. Child accused of murder (1) This section applies where a child accused is in custody for an offence of murder so that under section 15 only a judge of the Children's Court has power to grant bail. (2) Where this section applies, the judicial officer referred to in section 7(1) other than a judge of the Children's Court, shall, whether or not an application for bail is made by the accused or on the accused's behalf, cause the accused to be taken as soon as is practicable before a judge of the Children's Court for the purpose of having the accused's case for bail considered by the judge. (3) Notwithstanding subsection (2), where — (a) the duty described in that subsection has been discharged once in relation to a child accused's case for bail; and (b) bail has on that occasion been refused by a judge of the Children's Court, the accused's case for bail need not be considered on any subsequent occasion in the same case when the accused's continued detention may be ordered unless subsection (4) applies. (4) On a subsequent occasion the accused may apply to the judicial officer who may order the accused's continued detention for a reconsideration of the accused's case for bail on the ground that — (a) new facts have been discovered, new circumstances have arisen or the circumstances have changed since bail was refused on the occasion mentioned in subsection (3); or (b) the accused failed to adequately present the accused's case for bail on that occasion. (5) If the judicial officer is satisfied as to one or more of those grounds the judicial officer shall cause the accused to be taken as soon as is practicable before a judge of the Children's Court for the purpose of having the accused's case for bail considered by the judge. [Section 7C inserted: No. 6 of 2008 s. 9(1); amended: No. 29 of 2008 s. 24(4).] 7D. Bail after initial decision by court, court's duty as to (1) Notwithstanding section 7(1), after — (a) the duty described in that subsection has been discharged once in relation to an accused's case for bail; or (b) a judge of the Children's Court has considered the case under section 15, it is sufficient on any subsequent consideration of bail in the same case for a judicial officer, including a judge of the Children's Court acting under section 15, to make inquiry of the accused in terms of subsection (2). (2) The inquiry to be so made is — (a) whether any new fact has been discovered or new circumstance has arisen, or whether the circumstances have changed, since bail was previously granted or refused; and (b) whether the accused considers that the accused failed to adequately present the accused's case for bail on a previous occasion. (3) Unless the judicial officer is satisfied that there is any reason of the kind mentioned in subsection (2) for not doing so, the judicial officer may adopt the decision previously made in the case, but with power to make such variations of the terms and conditions of bail as the judicial officer thinks fit. [Section 7D inserted: No. 6 of 2008 s. 9(1).] 7E. Bail refused for trial, court's duty during trial (1) Where — (a) an accused has been refused bail for the accused's appearance for trial for an offence; and (b) the trial extends beyond one day, a judicial officer referred to in section 7(1) need not comply with that subsection unless the accused, or a person on the accused's behalf, applies for bail. (2) In subsection (1) — trial means that part of proceedings for an offence when evidence is being received by the court in respect of the offence and also extends to any time when — (a) legal argument is being heard; or (b) a judicial officer or a jury is deliberating. [Section 7E inserted: No. 6 of 2008 s. 9(1).] 7F. Appeal from court of summary jurisdiction, bail in case of (1) If a person is in custody and an appeal has been commenced under the Criminal Appeals Act 2004 Part 2 in connection with the decision by virtue of which the person is in custody, the person may apply for bail — (a) if the appeal is to be heard and determined by the Court of Appeal or if an application has been made to the Court of Appeal for leave to appeal to the Court of Appeal — to a judge of appeal; or (b) in any other case — to a judge of the Supreme Court. (2) Bail shall not be granted to an applicant for bail under subsection (1) unless — (a) the applicant has given notice of the application for bail to — (i) the Director of Public Prosecutions; or (ii) the State Solicitor, as the case may require; and (b) that official has been given an opportunity to be heard on the application. [Section 7F inserted: No. 6 of 2008 s. 9(1).] 8. Accused to be given information, approved forms etc. (1) Subject to subsection (4), a judicial officer or authorised officer who is called upon to consider an accused's case for bail, on the first occasion when it arises in relation to an offence or group of offences for which an accused is required to appear, shall ensure that the accused is, or has been, given — (a) such information in writing as to the effect of this Act as is prescribed for the purposes of this paragraph; and (b) an approved form for completion, designed to disclose to the judicial officer or authorised officer all information relevant to the decision; and (c) where the accused is unable or insufficiently able, to read, speak or write English, such assistance as he may reasonably require in order to have communicated to him the information mentioned in paragraph (a) and complete the form referred to in paragraph (b). (2) After an accused case for bail has been considered once, a judicial officer or authorised officer on any subsequent consideration of bail in the same case shall — (a) comply with subsection (1)(a); and (b) either comply with subsection (1)(b) or obtain the form previously completed for the purposes of that paragraph, if any, and ensure that — (i) the form is revised in order to show any changes which he is informed have occurred since it was completed; and (ii) any assistance, of the kind referred to in subsection (1)(c) is given to the accused for the purpose of completing or revising the form, as the case may be. (3) Nothing in this section shall be read as limiting section 23. (3a) Notwithstanding subsection (1)(a) or (2)(a) a judicial officer or authorised officer need not comply with that paragraph if it appears to him that the accused's case for bail is such that bail is likely to be granted to him in accordance with this Act; but if it subsequently appears to him that bail will not be granted or that the accused is dissatisfied with any condition imposed on the grant of bail he shall then comply with that paragraph. (4) Notwithstanding subsection (1)(b) or (2)(b), a judicial officer or an authorised officer may dispense with completion or revision of the form referred to in those paragraphs if it appears to him that — (a) the accused's case for bail is such that bail is likely to be granted to him in accordance with this Act; and (b) the information in the possession of the judicial officer or authorised officer is sufficient for his consideration of the case. (5) Where a person has applied for bail for an appeal as mentioned in section 7F(1), this section applies as if the consideration of bail for the appeal were a first consideration of bail for an offence. [Section 8 amended: No. 74 of 1984 s. 6; No. 15 of 1988 s. 6; No. 33 of 1989 s. 18; No. 84 of 2004 s. 82; No. 6 of 2008 s. 9(2) and 43(1).] 9. Bail decision may be deferred until more information obtained (1) Subject to section 26(2) of the Young Offenders Act 1994, a judicial officer or authorised officer who is called upon to consider a case for bail may defer consideration of the case for a period not exceeding 30 days if the officer thinks it is necessary — (a) to obtain more information for the purpose of making a decision in accordance with this Act; or (b) to take any step authorised by section 24(1), 24A(1) or (2) or 24B; or (c) without limiting paragraph (a) or (b) — to consider what, if any, conditions should be imposed to enhance the protection of an alleged victim of an offence with which the accused is charged, if — (i) the accused and the alleged victim are, or are reasonably believed by the officer to be, in a family relationship; or (ii) the offence charged is a sexual offence and the alleged victim is a person who is under 18 years of age when the case for bail is to be considered. (2) Nothing in this section shall be taken to limit the right of an accused to be brought before a court as soon as is practicable if not released on bail. [Section 9 amended: No. 57 of 1997 s. 21(2); No. 84 of 2004 s. 82; No. 6 of 2008 s. 10(1); No. 30 of 2020 s. 42; No. 29 of 2022 s. 6; No. 28 of 2024 s. 7.] 10. Sections 5, 6 and 7 do not apply if accused imprisoned for other cause Notwithstanding sections 5, 6 and 7, the rights conferred on an accused and the duties imposed on police officers, authorised officers and judicial officers by those sections in respect of an appearance in court for an offence do not arise where — (a) the accused is in custody for some other offence or reason (including the non‑payment of a sum of money); and (b) the police officer, authorised officer or judicial officer is satisfied that the accused is likely to remain in custody for that other offence or reason until or beyond the time for the appearance for the first‑mentioned offence. [Section 10 amended: No. 84 of 2004 s. 82.] 11. Accused's rights following grant of bail (1) When — (a) bail has been granted to an accused for an appearance in court; and (b) all conditions which are to be complied with before the release of the accused have been complied with; and (c) he has entered into a bail undertaking for that appearance or his bail undertaking is deemed to be amended under section 31(3), the accused has a right to be at liberty until he is required to appear, or to next appear, before a court, but subject to — (d) any requirement that he be in custody for some other reason; and (e) the exercise of the powers in sections 14(3), 17A, 46, 50F, 50Q, 54 and 55; and (f) the limitation mentioned in section 12. (2) Where the accused is in custody in a lock‑up, court custody centre or prison, the right conferred by subsection (1) is also subject to the person in charge of the lock‑up, court custody centre or prison either — (a) signing a certificate under subsection (3); or (b) receiving notice that a certificate has been signed by another person under that subsection. (3) After an accused becomes entitled to be at liberty as provided in subsection (1), a person referred to in section 29 may sign a certificate to that effect in the prescribed form. (4) The person in charge of a lock‑up, court custody centre or prison in which the accused is in custody shall release the accused from custody as soon as is practicable after — (a) the person in charge signs the certificate; or (b) if the certificate is signed by a person other than the person in charge, the person in charge receives notice as described in subsection (2)(b). [Section 11 amended: No. 74 of 1984 s. 7; No. 15 of 1988 s. 7; No. 49 of 1988 s. 81; No. 45 of 1993 s. 7; No. 47 of 1999 s. 8; No. 59 of 2004 s. 141; No. 84 of 2004 s. 82; No. 6 of 2008 s. 11(1) and (2); No. 28 of 2024 s. 8.] 12. Rights in s. 7A(2) and 11, limitations on The right of an accused to have his case for bail considered as soon as is practicable, his right to be at liberty as mentioned in sections 7A(2) and 11(1), and the corresponding duties created by this Part, are limited so far as is reasonably necessary for the exercise or performance by a person of any statutory power or function vested in him which requires or permits the continued custody of the accused, including the exercise of the powers set out in Part 12 of the Criminal Investigation Act 2006 and Parts 6 and 7 of the Criminal Investigation (Identifying People) Act 2002. [Section 12 amended: No. 6 of 2002 Sch. 2 cl. 1; No. 84 of 2004 s. 82; No. 59 of 2006 s. 6; No. 6 of 2008 s. 12.] Part III — Jurisdiction relating to bail [Heading inserted: No. 6 of 2008 s. 13.] 13. Jurisdiction to grant bail and exercise of jurisdiction (1) Jurisdiction to grant bail for any appearance described in the first column of Schedule 1 Part A — (a) is vested in the judicial officer or authorised officer specified in the second column of that Part opposite the appearance described; and (b) must be exercised subject to and in accordance with this Part and Schedule 1 Parts B, C, D and E. (2) A home detention condition must not be imposed as a condition of bail except by a judicial officer under Schedule 1 Part D clause 3. (3) An electronic monitoring condition must not be imposed as a condition of bail except by a judicial officer under Schedule 1 Part E clause 1. [Section 13 inserted: No. 28 of 2024 s. 9.] 13A. Jurisdiction in s. 7A to dispense with bail, who has and exercise of (1) Jurisdiction to dispense with the requirement for bail under section 7A for any appearance described in the first column of Schedule 1 Part A clause 2 or 3 is vested, subject to Schedule 1 Part B, in the judicial officer specified in the second column of that clause opposite that description, but Schedule 1 Part A clause 7 does not apply for the purposes of this subsection. (2) The jurisdiction referred to in subsection (1) is exercisable only — (a) in respect of an appearance in court before conviction for an offence; and (b) if it appears to the judicial officer that bail would be granted in accordance with Schedule 1 Part C clause 1 or 2 but that in the circumstances the completion of bail papers is an unnecessary imposition. (3) Where a judicial officer dispenses with the requirement for bail for an appearance by an accused the registrar of the court shall, in accordance with section 13B, give written notice to the accused of the time and place for the appearance. [Section 13A inserted: No. 6 of 2008 s. 14.] 13B. Notices under s. 13A(3), service and proof of (1) A written notice to an accused under section 13A(3) shall be — (a) given to the accused personally; or (b) sent to the accused by post to the accused's address appearing in the records of the court; or (c) provided to the accused by electronic means in accordance with the regulations. (2) A person who gives, sends or provides a notice in accordance with subsection (1) shall endorse on a file copy of the notice a certificate showing — (a) that the person has done so; and (b) the time of doing so. (3) If a notice is sent by post under subsection (1)(b), the notice is to be presumed, unless the contrary is shown, to have been received at the time when, in the ordinary course of events, it would have been delivered. (4) In any proceedings — (a) a document purporting to be a copy of a notice referred to in subsection (1) is evidence of the terms of the notice; and (b) an endorsement on a copy of a notice referred to in subsection (2) purporting to be a certificate referred to in that subsection is evidence of the matters appearing in the certificate without proof of the signature of the person who made the endorsement. [Section 13B inserted: No. 6 of 2008 s. 14; amended: No. 20 of 2013 s. 25; No. 34 of 2020 s. 82.] 14. Judges, jurisdiction of (1) A judge may, in accordance with this Act — (a) exercise a power to grant bail which is conferred upon any other judicial officer or any authorised officer by this Act; and (b) revoke or vary any bail previously granted by any other such officer; and (c) under section 7A dispense with the requirement for bail or revoke an existing dispensation. (2) Subject to subsection (2a), the jurisdiction of a judge under subsection (1) in respect of an appearance by an accused may be invoked by application made by either the prosecutor or the accused, and whether or not any other judicial officer has — (a) previously granted, refused or dispensed with bail; or (b) exercised any power conferred on him by section 55, in respect of that appearance. (2a) After the jurisdiction under subsection (1) has been invoked once by an accused in relation to an offence or group of offences for which he is required to appear, it may not be further invoked by that accused in relation to that offence or group of offences unless the accused satisfies a judge that — (a) new facts have been discovered, new circumstances have arisen or the circumstances have changed since the occasion when the jurisdiction was invoked; or (b) he failed to adequately present his case for bail on that occasion. (3) Where under subsection (1) a judge — (a) revokes the bail of an accused who is at liberty, he may order that the accused be returned to custody to await the appearance for which the bail was granted; (b) varies the bail of such an accused, he may order that the accused be returned to custody until he becomes entitled to be at liberty pursuant to section 11, and the judge may issue any warrant which may be necessary to carry such an order into effect. (4) In this section — (a) references to a judge are references — (i) in the case of a child charged with an offence before the Children's Court, to a judge of that Court; and (ii) in the case of an accused committed for trial or sentence to the District Court, to a judge of that Court; and (iii) in any other case, to a judge of the Supreme Court; and (b) references to any other judicial officer — (i) in relation to the exercise of powers under this section by a judge, are references to any judicial officer whose jurisdiction is inferior to that of the judge; but (ii) in relation to the exercise of powers under this section by a judge of the Supreme Court, do not include a judge of the Children's Court or a judge of the District Court. [Section 14 amended: No. 74 of 1984 s. 8; No. 49 of 1988 s. 82; No. 84 of 2004 s. 82; No. 6 of 2008 s. 15(1)‑(4).] 15. Accused charged with murder, jurisdiction as to bail for (1) Where an accused is in custody for murder, the power to grant bail shall be exercised only by a judge of the Supreme Court, or in the case of an accused who is a child by a judge of the Children's Court, except — (a) where section 31(2)(d) applies; or (b) to the extent that the Court of Appeal exercises its powers under Part A of Schedule 1. [(2) deleted] [Section 15 amended: No. 52 of 1984 s. 35; No. 74 of 1984 s. 9; No. 49 of 1988 s. 83; No. 70 of 1988 s. 45; No. 45 of 1993 s. 12; No. 45 of 2004 s. 28(4); No. 84 of 2004 s. 82; No. 29 of 2008 s. 24(5).] 15A. Appeal against judge's decision on bail, commencement and conduct (1) In this section — bail decision means a decision — (a) to grant or refuse bail; or (b) to vary or revoke bail; or (c) to dispense with the requirement for bail; or (d) to impose any condition on a grant of bail, and includes a decision under section 55 or 59A(4). (2) The prosecutor or the accused may appeal to the Court of Appeal against a bail decision of — (a) a judge of the Children's Court; or (b) a judge of the District Court; or (c) a judge of the Supreme Court; or (d) a single judge of appeal. (3) The leave of the Court of Appeal is required for each ground of appeal in an appeal under this section. (4) The Criminal Appeals Act 2004 section 27(2), (3) and (4) apply, with necessary modifications, as if an appeal under this section were an appeal under Part 3 of that Act. (5) An appeal under this section shall be commenced and conducted in accordance with this section, section 15B and rules of court made by the Supreme Court. (6) An appeal under this section shall be commenced by lodging with the Court of Appeal an application for leave to appeal that sets out the grounds of the appeal. (7) An appeal under this section cannot be commenced later than 21 days after the date of the bail decision unless the Court of Appeal orders otherwise. (8) An accused who is a party to an appeal under this section and who is in custody is entitled to be present at the hearing of the appeal if the accused so requests, and any official responsible for that custody who is informed of such a request shall do what is necessary to give effect to it. (9) For the purposes of giving effect to a request referred to in subsection (8), arrangements may be made for the accused to appear before the Court of Appeal by means of a video link or an audio link in accordance with section 66B, unless the Court of Appeal has ordered that the accused appear before it in person. [Section 15A inserted: No. 6 of 2008 s. 16(1); amended: No. 18 of 2022 s. 7.] 15B. Appeal under s. 15A, determination (1) The Court of Appeal has jurisdiction to hear and determine an appeal under section 15A. (2) The Court of Appeal shall determine an appeal on the material and evidence that was before the judge whose decision is the subject of the appeal. (3) Any decision of the Court of Appeal in relation to bail shall be made in accordance with the relevant provisions of sections 13A and 17 and Schedule 1. (4) Where in determining an appeal the Court of Appeal revokes the bail of an accused who is at liberty, it may order that the accused be returned to custody to await the appearance for which the bail was granted. (5) Where in determining an appeal the Court of Appeal varies the bail of an accused who is at liberty, it may order that the accused be returned to custody until the accused becomes entitled to be again at liberty pursuant to section 11. (6) A judge of appeal may issue any warrant that may be necessary to carry into effect an order under subsection (4) or (5). [Section 15B inserted: No. 6 of 2008 s. 16(1).] 16. Person arrested on warrant, bail of (1) Subject to sections 14, 15 and 16B where the arrest of an accused for an offence is made pursuant to a warrant he shall not be granted bail before he is brought before a court or judicial officer as commanded by the warrant, except by a justice acting in terms of section 6(9). (2) Notwithstanding subsection (1) or any other provision of this Act, an accused who has been arrested pursuant to a warrant — (a) issued under section 59B; or (b) issued under the Criminal Procedure Act 2004 for an offence against section 51(1) or (2), shall not have a right to have his case for bail considered, and shall not be granted bail, before he is brought before the court as commanded by the warrant. [Section 16 amended: No. 59 of 2004 s. 141; No. 84 of 2004 s. 11 and 82; No. 59 of 2006 s. 4(3); No. 6 of 2008 s. 36(2); No. 15 of 2019 s. 7.] 16A. Person arrested in urban area, restrictions on who can grant bail for in some cases (1) Where this section applies to a person who has been arrested for an offence jurisdiction does not arise under section 13 until the person is brought before — (a) a court constituted by or so as to include a magistrate; or (b) where section 15 applies, a judge of the Supreme Court or a judge of the Children's Court as the case may require. (2) This section applies where — (a) a person has been arrested in an urban area for a serious offence; and (b) the serious offence is alleged to have been committed while the accused was — (i) on bail for; or (ii) at liberty under an early release order made in respect of, another serious offence. [(3) deleted.] (4) In this section — urban area means — (a) the metropolitan region as defined in the Planning and Development Act 2005 and any prescribed area that adjoins that region; and (b) any other prescribed area of the State, being the whole or part of, or an area adjoining, a local government district under the Local Government Act 1995 that is designated under that Act as a city or a town. [Section 16A inserted: No. 54 of 1998 s. 6(1); amended: No. 38 of 2004 s. 59; No. 84 of 2004 s. 82; No. 38 of 2005 s. 15; No. 49 of 2016 s. 88; No. 13 of 2020 s. 23.] 16B. Person linked to terrorism (1) This section applies if a person linked to terrorism is in custody — (a) awaiting an appearance in court before conviction for an offence; or (b) waiting to be sentenced or otherwise dealt with for an offence of which the person has been convicted. (2) The power to grant bail to the person can be exercised only by a court constituted by a judicial officer other than a justice. [Section 16B inserted: No. 15 of 2019 s. 8.] 17. Conditions on bail which may be imposed (1) A judicial officer or authorised officer may impose conditions on a grant of bail only to the extent that he is authorised to do so by clause 2(3)(c) of Part C and Part D of Schedule 1. (2) Conditions imposed on a grant of bail shall not be any more onerous on the accused than the judicial officer or authorised officer considers is required in the public interest having regard to the nature of the offence for which the accused is in custody and the circumstances of the accused. [Section 17 amended: No. 45 of 1993 s. 8 and 12; No. 84 of 2004 s. 82.] 17AA. Conditions on bail that must be imposed A judicial officer must impose an electronic monitoring condition as a condition on a grant of bail as required by Schedule 1 Part E clause 1. [Section 17AA inserted: No. 28 of 2024 s. 10.] 17A. Child on bail, changing responsible person for (Sch. 1 Pt. C cl. 2) (1) Where this section applies, an authorised police officer may — (a) cancel an undertaking of the kind described in clause 2(3)(c) of Part C of Schedule 1; and (b) approve of another person as a responsible person within the meaning in that clause; and (c) detain the accused or order his detention until the person so approved enters into an undertaking of the kind mentioned in paragraph (a). (2) Subsection (1) applies where — (a) a person has entered into an undertaking referred to in paragraph (a) of that subsection; and (b) a judicial officer when granting bail ordered that the person may under this section be released from the undertaking by an authorised police officer; and (c) the person wishes to be so released. (3) A police officer may, for the purpose of the exercise of the powers in subsection (1), take into custody a child accused who has been released on bail. (4) If the police officer is not an authorised police officer he shall, as soon as is practicable, bring the accused before an authorised police officer for the purpose referred to in subsection (3). (5) After an undertaking has been entered into as mentioned in subsection (1)(c), the accused, subject to this Act, has a right to be at liberty until he is required to appear before a court. [Section 17A inserted: No. 45 of 1993 s. 9; amended: No. 84 of 2004 s. 82.] [18‑19. Deleted: No. 59 of 2006 s. 7(1).] Part IV — Hearing of case for bail, parties, and evidence 20. Bail hearing for indictable offence, court may restrict publication or hold in private (1) On the consideration by a judicial officer of a case for bail of an accused who is charged with an offence triable by jury, the judicial officer may, to avoid prejudice to either party, exercise the powers described in subsection (2), but shall only exercise the power in paragraph (b) thereof if he considers that the exercise of the power in paragraph (a) is not, on its own, likely to be sufficient to avoid prejudice. (2) The powers referred to in subsection (1) are to order — (a) that no report, or summary, of any statement, or of any specified statement, made or furnished at the hearing shall be published by any means; (b) that the bail application be heard in camera. (3) Where an order is made under subsection (2)(a), no report, or summary, of any statement referred to in that paragraph shall be published by any means — (a) if the offence is one that may be tried on indictment, before a court decides that it is to be tried on indictment; or (b) if the accused is discharged from further proceedings upon the prosecution notice or indictment brought against him for the offence, before he is so discharged; or (c) if the accused is tried on indictment for the offence, before the trial is ended. (4) A person who, except with lawful excuse, fails to comply with an order made under this section commits an offence. Penalty: $1 000. [Section 20 amended: No. 50 of 2003 s. 37(2); No. 4 of 2004 s. 58; No. 84 of 2004 s. 11 and 82.] 21. Parties to bail proceedings (1) The parties to proceedings on a case for bail are the prosecutor and the accused and, subject to subsection (2), no other person shall be a party to, or be represented at, the proceedings. (2) Nothing in subsection (1) affects the right of — (a) the Attorney General to apply for leave, or be an appellant, under Part 2 of the Criminal Appeals Act 2004; or (b) the Director of Public Prosecutions or the State Solicitor to receive notice and be heard under section 7F(2); or (c) an officer referred to in section 33 of the Children's Court of Western Australia Act 1988 to be present at and participate in proceedings concerning a child under that section. [Section 21 amended: No. 15 of 1988 s. 9; No. 49 of 1988 s. 84; No. 33 of 1989 s. 18; No. 31 of 1993 s. 7; No. 65 of 2003 s. 88(3); No. 59 of 2004 s. 141; No. 84 of 2004 s. 11 and 82; No. 6 of 2008 s. 9(3).] 22. Evidence at bail hearings A judicial officer or authorised person may in considering any case for bail receive and take into account such information as he thinks fit wh