Bail Conditions (WA)
In Western Australia, when a person is charged with a criminal offence, they may be released on bail, or they may be remanded in custody. When a person is released on bail, they must agree to abide by the conditions of their bail. This page deals with bail conditions in Western Australia.
Legislation
Decisions about bail in Western Australia are governed by the Bail Act 1982.
Mandatory bail conditions
All persons who are granted bail are subject to the following conditions:
- Not to commit a criminal offence that is punishable by a term of imprisonment
- To attend court when required to do so.
Additional bail conditions
A court that is considering granting bail to a person may impose additional conditions. The conditions it imposes must not be more onerous than what is required in the public interest given the circumstances.
Conduct conditions
A court that is concerned about releasing a person on bail may impose conditions restricting their behaviour while they’re on bail. These conditions may include:
- Not to contact a specified person –for example, an alleged victim or an alleged co-offender
- Not to attend specified places such as the residence of an alleged victim or licensed premises
- To abide by a curfew
- To reside at a specified address
- To report to the local police at specified times
- To attend work or school
- To abstain from alcohol or illicit drugs and to submit to alcohol or drug testing
Bail surety
In some situations, a person may be granted bail on condition that a bail surety is provided. A bail surety is someone who agrees to forfeit an amount of money if the person being released does not comply with the conditions of their bail.
The bail surety may be a person who is associated with the accused – such as a family member or an employer.
When a person is proposed as a bail surety, the court will consider their suitability for the role, taking into account their financial capacity, their proximity to the accused, and other matters.
A bail surety must be over 18 and must have property or money that is valued at more than the amount of the bail surety.
Home detention condition
A person who is granted bail in Western Australia may be made subject to a home detention condition. This is a condition that requires the person to remain home at a specified address, and to obey the reasonable directions of Community Corrections.
Under section 50C, Community Corrections may give a person with a home detention condition directions in relation to the following:
- When they may leave the home
- How long they may leave the home for
- When they must return to the home
- The method by which they must report to Community Corrections
Community Corrections is also permitted to do the following in order to supervise the person’s compliance with their home detention conditions:
- enter or phone the person’s home
- enter or phone the person’s workplace
- question anyone who is at the person’s home or place of work.
A person who is granted bail with a home detention condition may also be made subject to an electronic monitoring condition.
Electronic monitoring condition
A person who is granted bail with an electronic monitoring condition must agree to be subject to tracking by a GPS device that will be attached to their person. The person must not damage or remove the device and must comply with its installation and maintenance.
If the person breaches their bail conditions by entering or leaving a location, this information will be provided to the police in real time, and police may take action on the breach.
If a person is in breach of the electronic monitoring condition, their bail may be revoked. They may also be charged with the criminal offence of breach of bail.
Breach of bail
Under section 51 of the Bail Act 1982, a person who breaches a condition of their bail is guilty of an offence. This offence is punishable by a maximum penalty of a fine of $10,000 or imprisonment for three years, or both.
A person who is found to have breached their bail may be remanded in custody until their matter is finalised, or they may remain on bail with the same conditions or with different conditions.
A person who breaches their bail will be less likely to be granted bail in the future.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
Fernanda Dahlstrom is a writer, editor and lawyer. She holds a Bachelor of Laws (Latrobe University), a Graduate Diploma in Legal Practice (College of Law), a Bachelor of Arts (The University of Melbourne) and a Master of Arts (Deakin University). Fernanda practised law for eight years, working in criminal law, child protection and domestic violence law in the Northern Territory, and in family law in Queensland.