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ARTICLE · 18 JULY 2022

Bail application in Western Australia

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All about bail applications in WA – police powers to release a charged person on Bail etc

AustraliaCriminal Law
Murray Thornhill
Murray Thornhill
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A person charged with an offence by the Western Australian (WA) Police may be arrested and remanded in custody in circumstances where it is believed that the person charged may not appear before the requisite court to answer to the charge(s), where there are issues of community, or personal, safety, where the offence committed is a serious offence or when the person charged is classified as a schedule 2 offender.

Police Powers to release a charged person on Bail:

Section 5(1)(b) of the Bail Act 1982 (WA) gives the WA Police the power to release a person charged with an offence back into the community on Bail.

If Bail is refused by the Police a record of reasons as to why Bail was refused must be made and kept by the Police. The Police are then required to bring the person charged before the Court as soon as is reasonably and practically possible in order that a Bail application can be made to the Court.

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