Bail in Western Australia: What Happens and What Should You Expect?
August 17th, 2026
Being charged with an offence can be stressful, particularly when you do not know whether you will be released or kept in custody while the case progresses. Bail is the process that can allow an accused person to remain in the community while waiting for their matter to be dealt with by a court.
In Western Australia, bail is governed principally by the Bail Act 1982 (WA). The circumstances of every person and every charge are different, so the outcome of a bail application depends on the particular facts before the decision-maker.
What is bail?
Bail can be described as a written promise, known as a bail undertaking, requiring a person to attend court at the specified time and date and comply with any conditions attached to their release.
Being granted bail does not determine whether a person is guilty or not guilty. It concerns the conditions under which the accused person will remain while the criminal proceedings continue.
Who decided whether bail is granted
Depending on the circumstances and the stage of the matter, bail may be considered by police or by a court. More serious or complicated applications can require a court hearing.
The precise legal considerations vary according to the offence, the person’s circumstances and the applicable provisions of the Bail Act. Anyone facing a significant bail application should obtain advice about their individual situation rather than relying only on general information online.
What conditions can be attached to bail?
A grant of bail can include conditions, with examples including:
- attending court when required;
- reporting to a police station;
- complying with a curfew;
- a personal undertaking involving an amount of money if the person does not attend as required; and
- a surety, where another person undertakes an obligation connected with the accused person’s attendance.
Other conditions may be imposed depending on the circumstances of the case.
It is important to understand every condition before signing a bail undertaking. A person who is unsure what a condition requires should obtain legal advice rather than making assumptions about what they are permitted to do.
What is surety?
In some cases, bail may involve a surety. Broadly, a surety is another person who undertakes an obligation intended to help ensure that the accused attends court as required.
Whether a surety is required and whether a proposed person is suitable will depend on the circumstances. A person considering becoming a surety should understand the obligation before agreeing to it.
Can bail conditions be changed?
Circumstances sometimes change after bail has been granted. People may be able to ask for bail conditions to be changed. The appropriate process depends on the circumstances and the condition involved.
A person should not simply ignore a condition because it has become inconvenient or difficult to comply with. Legal advice should be obtained about whether and how an application can be made to change it.
What happens if bail is breached?
Bail conditions are legal requirements. Failing to comply can have serious consequences and may affect a person’s continued release on bail.
If someone believes they may have breached a condition, or circumstances are making compliance difficult, they should obtain legal advice promptly.
Preparing for a bail application
A bail application can involve much more than simply asking to be released. Depending on the case, the court may need information about the accused person’s circumstances and proposed arrangements if released.
Legal representation can help identify the issues relevant to a particular application, explain the proposed bail arrangements and ensure the accused understands any conditions imposed.
Getting legal advice
Bloxham Legal provides criminal-law advice and representation in Western Australia, including in relation to bail applications.
If you or a family member is facing a bail application, obtaining advice early can help you understand the process, the issues that may arise and the obligations that apply if bail is granted.
This article is general information only and not legal advice. Every case is different. Please contact me to arrange a confidential meeting for tailored advice.
About the Author
Craig Clifford Bloxham – Barrister & Solicitor
Craig brings an uncommon blend of academic depth, scientific knowledge, and professional training to his criminal law practice. He holds a Bachelor of Laws, a Master of Business Administration, a Postgraduate Diploma in Psychotherapy, and a Postgraduate Diploma in Dispute Resolution. With advanced knowledge across scientific and technical disciplines, Craig is able to interpret and analyse complex evidence, from forensic material to digital data, with precision. This rare combination of legal, psychological, scientific, and strategic expertise enables him to approach each matter with a uniquely multifaceted perspective, offering insights that few practitioners in the field can match.