How to apply for bail in Western Australia
Bail in Western Australia is governed by the Bail Act 1982 (WA). Bail can be granted by a police officer after arrest, by a magistrate at first court appearance, or by the Supreme Court on application. The applicant (or their lawyer) submits the grounds for bail, any proposed conditions, and sureties, and the decision-maker applies the statutory considerations in Schedule 1.
The framework
Bail in WA is governed by the Bail Act 1982 (WA). Schedule 1 sets out considerations for the grant or refusal of bail. For certain serious offences (including murder and specified drug and sexual offences), exceptional circumstances or special reasons must be established.
The process
Understand the offence and any bail restrictions
Identify the charge(s) and check whether the Bail Act 1982 (WA) imposes a presumption against bail (for example, under section 7A or Schedule 2 offences) requiring exceptional circumstances.
Request police bail after arrest
After arrest, a qualified police officer considers bail under Part D of Schedule 1. The accused or lawyer can make submissions about ties to the community, prior record, and proposed conditions.
If police refuse, prepare for the court bail hearing
If police bail is refused, the accused must be brought before a magistrate as soon as practicable. Prepare submissions and gather support material (employment evidence, residence, sureties).
Identify proposed sureties and conditions
Consider who could provide a surety and the amount. Conditions may include reporting, curfew, residence, non-contact with witnesses, and surrender of passport.
Complete the Bail Undertaking and associated forms
Prepare the Bail Undertaking (Form 8) and Surety Undertaking (Form 10) if relying on a surety. Forms are prescribed under the Bail Regulations 1988 (WA).
Address the statutory considerations
At the hearing, address each factor in Part C of Schedule 1: risk of failing to appear, risk to community, risk of interference, and any exceptional circumstances for Schedule 2 offences.
Apply for bail in the Magistrates Court or Children's Court
A magistrate (or for children, the Children's Court) decides bail at first instance. Submissions can be made orally and supported by affidavits or statements from potential sureties.
If refused, apply to the Supreme Court
A fresh bail application can be made to the Supreme Court under the Bail Act 1982 (WA). Supporting material should address the reasons for refusal below and any new circumstances.
Comply with bail conditions if granted
If bail is granted, the accused must sign the Bail Undertaking and comply with every condition. Breach can result in arrest, forfeiture of sureties, and refusal of future bail.
Attend court on the nominated date
Attend court on the date and time specified in the Bail Undertaking. If circumstances change (for example, inability to attend), apply to vary bail before the date — do not simply fail to appear.
Forms and templates
- Form 8 — Bail Undertaking
- Form 10 — Surety Undertaking
- Application to the Supreme Court for Bail
Common mistakes
- Not preparing a concrete bail plan (residence, employment, supervision)
- Failing to identify that the offence requires exceptional circumstances
- Proposing a surety who is not financially capable or independent
- Ignoring past breaches of bail when framing submissions
- Breaching a condition and assuming the matter will be overlooked
Get this process right with Quillio
Quillio can draft bail submissions, surety undertakings, and Supreme Court bail application material from your inputs, tailored to the Bail Act 1982 (WA). See /practice-areas/criminal-lawyers or start a free trial at /free-trial.
This guide is general information — not legal advice. Bail applications can materially affect liberty and later case outcomes. Always obtain legal advice, especially for Schedule 2 offences, breaches, or where the accused is under 18.
Get this right the first time.
Quillio drafts the forms, checks against current requirements, and surfaces the relevant authority — all in one place. The free trial requires no credit card.
Start your free trial