Department of Corrective Services

Community bail covers a range of options that may be imposed by the court on defendants considered not to pose such a risk that they need to be remanded in custody, yet may require additional conditions to be monitored by Community Justice Services. These conditions may include living where directed, a curfew, and/or receiving drug treatment.

For those defendants considered to need restrictions on where they live, they could be assessed for two bail options:

• Bail with a condition of home detention and
• Release to bail in a community hostel.

Home detention means a defendant must live at their own residence, or at the residence of a sponsor, during the bail period.

An electronic wristlet must be worn so continued presence in the residence can be confirmed. The defendant is only allowed to leave the residence when the supervising community corrections officer gives permission. Generally, permission would cover instances such as employment, and medical and Centrelink.

A defendant released to bail in a community hostel must reside in the nominated hostel for the duration of the bail period. The hostels are run by charitable and non-government agencies.

• There are no restrictions on movement unless imposed by the court as a bail condition.
• A community corrections officer will monitor a defendant's continued residence in the hostel.
• Change of hostel can be negotiated if circumstances change.

To be eligible for a home detention bail condition, or released to bail in a community hostel:

• The court must be satisfied the defendant is suitable.
• A report from a community corrections officer must be submitted before that decision is made.

If applying for home detention as a condition of bail:

• The defendant must have a suitable place to live.
• A report from community corrections officer might include views of people at the nominated home indicating they understand and accept the home detention conditions.

The court must also be satisfied that unless a home detention or community hostel condition was imposed, the defendant would not be able to be released on bail.

Certain standard conditions apply to both the home detention and community hostel options. A defendant must:

• Not commit any offence;
• Allow community corrections officers into the home or place of work at any time to check on the defendant; or
• Comply with every reasonable direction of a community corrections officer.

Special conditions, such as a ban on drinking alcohol, may also be imposed.

If any of the conditions are breached, bail may be cancelled. In the case of home detention condition, the manager of the Community-Based Services centre can directly cancel and issue a warrant. If this happens, the defendant will be arrested and returned to court. The court may remand the defendant in custody to appear again at a later date, or it may grant fresh bail.

If the court believes a defendant should be considered for community bail, it will generally remand the person in custody while a community corrections officer prepares a report for the court. Defendants can also apply for home detention bail or community bail through their legal representative who will request for an assessment to be done.

Community & Juvenile Justice
Level 12
141 St Georges Terrace
PERTH WA 6000
Telephone: (08) 9264 1394
Facsimile: (08) 9264 1837
Contact Community & Juvenile Justice