Western Australian Current Acts Western Australian Current Acts (1) In this section
—
foreign offence means an offence against the law
of the Commonwealth or of a place outside this State (whether in or outside
Australia) that, if committed in this State, would have a statutory penalty
that is or includes imprisonment for 12 months or more or life.
(2) A member of the
Police Force may arrest a person in this State for a foreign offence if he
reasonably suspects that the person has committed or is committing the
offence.
(3) A person arrested
under subsection (2) must be taken to the Magistrates Court or, if he or she
is under 18 years of age, the Children’s Court, as soon as practicable
after being arrested.
(4) The court to which
the arrested person is taken may —
(a)
discharge the person from custody; or
(b)
order that the person be kept in custody until, and brought before the court
on, a date set by the court (the return date ) that is not less than 7 days
after the day on which the person was arrested unless before that date a
warrant for the person’s arrest is executed under a law of the
Commonwealth.
(5) A court that makes
an order under subsection (4)(b) may grant the person bail to appear before
the court on the return date.
(6) If the arrested
person is brought or appears before the court on the return date, the court
must discharge the person from custody unless the court is presented with a
warrant for the person’s arrest that may be executed under a law of the
Commonwealth.
(7) If under
subsection (5) the court grants the person bail and the person enters into a
bail undertaking under the Bail Act 1982 , then —
(a) if a
warrant for the person’s arrest is executed under a law of the
Commonwealth before or on the date on which the person has undertaken to
appear, the undertaking ceases to have effect when the warrant is executed;
(b) if
paragraph (a) does not apply and the person does not appear in accordance with
the undertaking, the Bail Act 1982 applies and the person may be dealt with
accordingly.
(8) For the purposes
of this section, the Bail Act 1982 applies to and in respect of the arrested
person as if the person had been charged with an offence against the law of
this State.
(9) Proceedings under
this section form part of the criminal jurisdiction of the Magistrates Court
or the Children’s Court.
[Section 8A inserted: No. 59 of 2006 s. 34;
amended: No. 47 of 2011 s. 27.]
[Section 8A. Modifications to be applied in order
to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009.
See endnote 1M.]
[Heading inserted: No. 59 of 2006 s. 32(3).]