Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A different time
or a different time and place may be substituted in accordance with this
section for the time and place for appearance specified, or deemed by
this section to be specified, in a bail undertaking.
(2) A different time,
or a different time and place, for the appearance by the accused may be
substituted as mentioned in subsection (1) —
(a) upon
an adjournment of proceedings at which the accused is present, by the judicial
officer, if he has power to grant bail for that appearance, fixing a time and
place for the resumed proceedings and notifying the accused orally thereof;
(b) upon
an adjournment of proceedings from which the accused is absent for reasonable
cause, by the judicial officer, if he has power to grant bail for that
appearance, fixing a time and place for the resumed proceedings and directing
the registrar of the court to cause written notice of the time and place to be
given to the accused;
(c)
where —
(i)
a judge of the Supreme Court or a judge of the
Children’s Court has granted bail to an accused under section 15;
and
(ii)
a judicial officer, other than such a judge, has
committed the accused to the Supreme Court,
by a judge of the
Supreme Court or a judge of the Children’s Court, as the case may
require, notifying the accused orally, or directing the registrar of the court
to cause written notice to be given to the accused of the time or time and
place for the proceedings;
(d)
where —
(i)
a judge of the Supreme Court or a judge of the
Children’s Court has granted bail to an accused under section 15;
[(ii) deleted]
(iii)
the judicial officer is satisfied that there has been no
material change in the facts or circumstances which applied on the grant of
bail,
by the judicial
officer notifying the accused orally, or directing the registrar of the court
to cause written notice to be given to the accused, of the time or time and
place for the resumed proceedings;
(e) upon
a committal to the Supreme Court or District Court, by a judicial officer, if
he has power to grant bail for that appearance, fixing a specified day in a
specified sitting or session of that court and directing the registrar of the
court to cause written notice of the day to be given to the accused;
(f)
where an accused has been committed for trial in the Supreme Court or the
District Court in a specified sitting or session thereof or on a specified day
in a specified sitting or session thereof, by an officer of the court, or a
person authorised under subsection (5), fixing a time for the trial in
that sitting or session and causing written notice of the time to be given to
the accused;
(g) if
the parties agree to a different time or a different time and place for the
proceedings, by an officer of the court giving written notice thereof to the
accused.
(3) Where a different
time or a different time and place is notified to an accused pursuant to
subsection (2) the bail undertaking shall be deemed to be amended to
specify that time or that time and place for appearance, and the terms and
conditions thereof shall continue to apply as so amended as if the accused had
entered into the bail undertaking in that form.
(4) Where the power in
subsection (2)(b) is exercised upon an adjournment of proceedings the
right of the accused to be at liberty under section 11(1) does not lapse
by reason only that there is an interval between the adjournment of the
proceedings and the time when he is notified of the time and place for the
resumed proceedings.
(5) The Chief Justice,
in respect of committals to the Supreme Court, and the Chief Judge, in respect
of committals to the District Court, may authorise a person or persons, by
name or office, to perform the functions referred to in
subsection (2)(f).
[Section 31 amended by No. 15 of 1988
s. 13; No. 49 of 1988 s. 87; No. 27 of 2002 s. 21;
No. 59 of 2004 s. 141; No. 84 of 2004 s. 82; No. 6 of 2008
s. 21(1) and (2).]