Listen to the MP3 below of our discussion on Red FM about Schedule two Bail in Western Australia.
Schedule 2 Bail (Western Australia)
A Practical Guide If you are on Bail for a ‘Serious Offence’ and are charged with another ‘Serious Offence’, you will not be granted Bail unless you can show ‘exceptional reasons’
This also applies if you are charged with a ‘Serious Offence’ whilst on an Early Release Order such as Parole Order, Work Release Order or Home Detention Order
If you are charged with a ‘Serious Offence’ whilst on Bail for a previously charged ‘Serious Offence’, a Magistrate cannot grant your Bail unless you can show ‘exceptional reasons’ why you should be granted Bail.
This restriction also applies if you are charged with a ‘Serious Offence’ whilst on an Early Release Order such as a Parole Order, Work Release Order or Home Detention Order.
Serious Offence For the purposes of Bail, a ‘Serious Offence’ is defined as any offence contained in Schedule 2 of the Bail Act.
Common offences which cause people to become “Schedule 2” include Grievous Bodily Harm (GBH), Assault occasioning bodily harm (AOBH), Steal Motor Vehicle, Robbery, Burglary, Drug offences and Breach of Violence Restraining Order (VRO) or Family Violence Restraining Order (FVRO).
Whilst not contained in Schedule 2, Breach of Protective Bail Conditions is also deemed a serious offence.
For a full list of Schedule 2 Offences click here
Exceptional Reasons This term is not defined in the Bail Act. Case law has given ‘exceptional’ it’s ordinary meaning, which is unusual or out of the ordinary, special or extraordinary.
This can be a very difficult standard to meet, however a combination of reasons can add up to ‘exceptional reasons’.
It is often beneficial for a Schedule 2 Bail Application not to be made until supporting material can be obtained.
If you have any queries about Schedule 2 Bail or Bail generally call us to discuss - 63810440
The Offences listed as Serious Offences for the purpose of the Bail Act (Western Australia) include;
Participating in activities of criminal organisation (s. 221E(1) Criminal Code)
Instructing commission of offence for benefit of criminal organisation (s. 221F(1) Criminal Code)
Murder (s. 279 Criminal Code)
Manslaughter (s. 280 Criminal Code)
Unlawful assault causing death (s. 281 Criminal Code)
Attempt to murder (s. 281 Criminal Code)
Disabling in order to commit indictable offence (s. 292 Criminal Code)
Acts intended to cause grievous bodily harm or to resist or prevent arrest (s. 294 Criminal Code)
Grievous bodily harm (s. 297 Criminal Code)
Wounding and similar acts (s. 301 Criminal Code)
Acts or omissions, with intent to harm, causing bodily harm or danger (s. 304(2) Criminal Code)
Assault occasioning bodily harm (s. 317 Criminal Code)
Assault with intent to commit or facilitate a crime (s. 317A(a) Criminal Code)
Assault with intent to do grievous bodily harm (s. 317A(b) Criminal Code)
Serious assaults (s. 318 Criminal Code)
Indecent assault (s. 323 Criminal Code)
Aggravated indecent assault (s. 324 Criminal Code)
Sexual penetration without consent (s. 325 Criminal Code)
Aggravated sexual penetration without consent (s. 326 Criminal Code)
Sexual servitude (s. 331B Criminal Code)
Conducting business involving sexual servitude (s 331C Criminal Code)
Deceptive recruiting for commercial sexual services (s. 331D Criminal Code)
Kidnapping (s. 332 Criminal Code)
Deprivation of liberty (s. 333 Criminal Code)
Stalking (s. 338E Criminal Code)
Stealing a motor vehicle (s. 378 Criminal Code)
Robbery (s. 392 Criminal Code)
Assault with intent to rob (s. 393 Criminal Code)
Burglary (s. 401 Criminal Code)
Criminal damage, if the property is destroyed or damaged by fire (s. 444 Criminal Code)
Wilfully lighting a fire or causing a fire to be lit under such circumstances as to be likely to injure or damage a person or property (s. 32 Bush Fires Act)
Association by controlled person with another controlled person (s. 99(1) Criminal Organisations Control Act)
Association by controlled person with another controlled person on 3 or more occasions within 3 month period (s. 99(3) Criminal Organisations Control Act)
Offence for controlled person to get funds to, from or for declared criminal organisation (s. 102 Criminal Organisations Control Act)
Other contravention of interim control order or control order (s. 103 Criminal Organisations Control Act)
Recruiting members for declared criminal organisation (s. 106 Criminal Organisations Control Act)
Permitting premises to be habitually used as place of resort by members of declared criminal organisation (s. 107(2) Criminal Organisations Control Act)
Being knowingly concerned in the management of premises habitually used as place of resort by members of declared criminal organisation (s 107(3) Criminal Organisations Control Act)
Offences concerned with prohibited drugs generally (s. 6(1) Misuse of Drugs Act)
Offences concerned with prohibited plants generally (s. 7(1) Misuse of Drugs Act)
Possessing a quantity of a category 1 item or a category 2 item in circumstances where the life, health or safety of a child under 16 years of age was endangered, or bodily harm (as defined in The Criminal Code section 1(1) and (4)) was caused to such a child, by the acts constituting the offence (s. 14(1) Misuse of Drugs Act)
Attempting to commit an offence under section 6(1) or 7(1) (s. 33(1)(a) Misuse of Drugs Act)
Conspiracy to commit an offence under s. 6(1) or 7(1) (s. 33(2)(a) Misuse of Drugs Act)
Breach of a violence restraining order (s. 61(1) Restraining Orders Act)
Breach of a police order (s. 61(2a) Restraining Orders Act)
Breach of a Part VII order under the Justices Act 1902 3 — (s. 86(2) Restraining Orders Act)
that under section 86 of the Restraining Orders Act 1997 is taken to be a misconduct restraining order under that Act; and
that shows on the face of the order that the causing or threatening of personal injury by the accused was a ground for the making of the order.
Dangerous driving causing death, injury, etc. (s. 59 Road Traffic Act)
Dangerous driving causing bodily harm (s. 59A Road Traffic Act)