Bail Rights in Western Australia
Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
For Commonwealth offences, sections 15 to 17 of the Crimes Act 1914 (Cth) set up a general presumption in favour of bail. The default is release; refusal needs a reason.
A court can refuse bail where there's an unacceptable risk you'll fail to appear, commit further offences, endanger the community, or interfere with evidence or witnesses. The court weighs the seriousness of the offence, your record, your community ties, and the strength of the prosecution case.
For certain serious offences — particularly terrorism and commercial-quantity drug trafficking — the presumption is reversed by s. 15AA. You have to establish exceptional circumstances to get bail, which is a markedly higher bar.
Refused bail can be reviewed in a higher court — and bail applications routinely succeed on the second pass with better preparation.
When does it apply?
These bail provisions apply whenever you are charged with a Commonwealth (federal) offence and are in custody awaiting trial.
- Common federal offences include drug importation, fraud against the Commonwealth, cybercrime, terrorism, and people smuggling.
- Bail can be granted by the arresting officer, a magistrate, or a judge.
- If you are charged with both state and federal offences, the bail conditions for each may differ.
What to Do If You Are Refused Bail for a Federal Offence in Australia
- Ask to apply for bail at your first court appearance.
- Have your lawyer prepare information about your community ties, employment, family responsibilities, and stable address.
- Offer conditions that address the court's concerns — such as surrendering your passport, reporting to police, or providing a surety.
- If bail is refused, ask your lawyer about appealing to a higher court.
- If you are granted bail, comply strictly with all conditions — breaching bail is a separate offence.
What should you NOT do?
- Don't miss a court date — failing to appear will result in a warrant for your arrest and make future bail applications much harder.
- Don't breach bail conditions — even minor breaches can lead to bail being revoked.
- Don't contact witnesses or co-accused if your bail conditions prohibit it.
- Don't assume bail is automatic for serious offences — prepare your application carefully with a lawyer.
How Western Australia differs from federal law
Bail in WA is governed by the Bail Act 1982 (WA). WA has some of the most complex bail provisions in Australia, significantly amended over recent years.
- Under the Bail Act, there is a general presumption in favour of bail for most offences. However, for certain serious offences (including murder, large-scale drug trafficking, and serious child sex offences), bail will only be granted in exceptional circumstances.
- WA has a 'no real prospect of custodial sentence' test — if the accused can show they would not receive a prison sentence if convicted, this weighs in favour of bail.
- Bail conditions can include reporting, curfews, surrendering travel documents, sureties, and cash deposits. Police (an authorised officer) may grant bail at the station for less serious offences.
- If bail is refused, the accused can apply to the Magistrates Court, the Supreme Court, or the Court of Appeal.
- WA introduced electronic monitoring as a bail condition and has specific provisions addressing bail for family violence offences, requiring consideration of victim safety.
Additional Steps in Western Australia
If refused bail, apply through your lawyer to the Magistrates Court or Supreme Court of WA. Contact Legal Aid WA (1300 650 579) for bail application assistance. ALSWA (1800 019 900) assists Aboriginal and Torres Strait Islander people with bail matters.
Relevant Law: Bail Act 1982 (WA); Criminal Code Act Compilation Act 1913 (WA)
Common Questions
When does bail rights apply?
These bail provisions apply whenever you are charged with a Commonwealth (federal) offence and are in custody awaiting trial.Common federal offences include drug importation, fraud against the Commonwealth, cybercrime, terrorism, and people smuggling.Bail can be granted by the arresting officer, a magistrate, or a judge.If you are charged with both state and federal offences, the bail conditions for each may differ.
What should I do if I am charged with a federal offence in Australia and bail is refused?
Ask to apply for bail at your first court appearance.Have your lawyer prepare information about your community ties, employment, family responsibilities, and stable address.Offer conditions that address the court's concerns — such as surrendering your passport, reporting to police, or providing a surety.If bail is refused, ask your lawyer about appealing to a higher court.If you are granted bail, comply strictly with all conditions — breaching bail is a separate offence.
What mistakes should I avoid with bail rights?
Don't miss a court date — failing to appear will result in a warrant for your arrest and make future bail applications much harder.Don't breach bail conditions — even minor breaches can lead to bail being revoked.Don't contact witnesses or co-accused if your bail conditions prohibit it.Don't assume bail is automatic for serious offences — prepare your application carefully with a lawyer.
Bail Rights in other states
Same topic, different jurisdiction. Pick the one that applies to you.