Cyclist Groups On The Road

Drivers and cyclists have a duty to one another to share the roads. This is because a bicycle is considered a vehicle and therefore road laws apply to cyclists unless there is an express exemption.

If you have ever seen a large group of cyclists (donning their fashionable lyrca) you may have noticed that they will be riding two abreast with up to 1.5 metres between themselves. This is a safety mechanism so that they are more visible to drivers. Cycling three abreast is not permitted, unless another cyclist is overtaking.

Cyclists are also not permitted by law to ride less than 2 metres behind a vehicle or pass left of a vehicle that is turning left.

Drivers of motor vehicles must also keep a safe distance when passing cyclists. This means, a driver must leave a gap of at least one metre when overtaking a cyclist at a speed under 60 kilometers per hour and when overtaking at a speed faster than 60 kilometers per hour, there must be at least 1.5 meters distance.

Should you ever find yourself driving behind a cyclist or a large group of cyclists, be patient. These rules are in place to keep everyone safe. After all, sharing is caring.

Perth Drug Court. What is it?

What is Drug Court in Perth, Western Australia?

Perth Drug Court operates inside of Perth Magistrates Court and it was established to primarily deal with adult offenders with drug related issues who commit criminal offences.

The purpose of Perth Drug Court aims to have the offender treated under a program to encourage rehabilitation, reduce re-offending and or imprisonment.

Can anyone be accepted into the Drug Court treatment program?

No, not every offender with a drug related issue can be accepted into the treatment program.

The Magistrate who presides in Perth’s Drug Court will decide whether an offender can be assessed for the program.

If the offenders matter is being dealt with in the District or Supreme Court, then the Magistrate will case-manage the offenders program on behalf of that court.

There are certain offences which will exclude an offender from being considered for the drug court programme.

In order to be eligible for the Perth Drug Court an offender must:

·         Have charges before the court;

·         Indicate a plea of guilty;

·         Demonstrate a drug related problem;

·         Request a referral from the Magistrate or Judge;

·         Be able to relocate to Perth for the entire time in the Perth Drug Court if the offender lives regional;

·         Have their outstanding legal issues resolved and be prepared to plead and commit to counselling and intensive treatment in the programme.

Most importantly, the offender must be willing and able to participate in the drug treatment programme.

What is the duration of treatment?

Offenders can be on a treatment programme for a period up to 24 months.  Offenders have a say in what treatment and support services may assist them in their recovery. The Perth Drug Court works together with a range of drug and alcohol treatment and support services to help offenders with their individual needs.

Treatment can include, but is not limited to: frequent urine testing; alcohol testing; psychological screening; supervision with CATS officers;  counselling and in some cases assessment for victim mediation.

The Court Assessment and Treatment Service “CATS”, which is a specialist Adult Community Corrections team that works together with the operation of the Perth Drug Court. CATS will prepare a report for the Magistrate or Judge which will essentially provide treatment the offender is receiving and their progress in the program. The reports are similar in nature to a pre-sentence report.

What happens if an offender tampers with a urine test?

They will immediately be removed from the program.

Can an offender leave the program?

Yes, as this is a program which requires the offender to be ready and willing to participate. Should the offender wish to leave, the Magistrate will take into consideration the extent of the offenders participation and sentence accordingly.

What happens at the end of the program?

A graduation ceremony will take place upon successful completion of the program. An offender will share the success of the program with others who are participating. It is encouraged to invite friends and family to come along to this occasion to show support.

If an offender successfully completes the drug court program, the Magistrate or Judge may take this into consideration when imposing a sentence after hearing the submissions of the defence and prosecution.

Who is a Drug Court lawyer?

The Perth Drug Court lawyer is provided by Legal Aid.

They may provide legal advice in relation to an offenders sentencing outcomes, attend and participate in case review meetings, and represent the offender in court.

What does Schedule 2 mean?

If someone is on bail for a serious offence and then they are charged with another serious offence, they become captured under schedule 2 of the Bail Act 1982.

Therefore, when schedule 2 of the Act is applied, the law says that person should be refused a grant of bail unless there are exceptional circumstances.

What are “exceptional circumstances”?

This term is not defined in the Act but has been found to mean “out of the ordinary” or not “run of the mill” when compared to other cases.  It is a difficult burden to satisfy which is why it is prudent to obtain legal advice from a Perth criminal defence lawyer.

What is a serious offence?

Schedule 2 of the Act determines what a serious offence is:

The Criminal Code 

s. 221E(1) Participating in activities of criminal organisation

s. 221F(1) Instructing commission of offence for benefit of criminal organisation

s. 279 Murder

s. 280 Manslaughter

s. 281 Unlawful assault causing death

s. 283 Attempt to murder

s. 292 Disabling in order to commit indictable offence

s. 294 Acts intended to cause grievous bodily harm or to resist or prevent arrest

s. 297 Grievous bodily harm

s. 301 Wounding and similar acts

s. 304(2) Acts or omissions, with intent to harm, causing bodily harm or danger

s. 317 Assault occasioning bodily harm

s. 317A(a) Assault with intent to commit or facilitate a crime

s. 317A(b) Assault with intent to do grievous bodily harm

s. 318 Serious assaults

s. 323 Indecent assault

s. 324 Aggravated indecent assault

s. 325 Sexual penetration without consent

s. 326 Aggravated sexual penetration without consent

s. 331B Sexual servitude

s. 331C Conducting business involving sexual servitude

s. 331D Deceptive recruiting for commercial sexual services

s. 332 Kidnapping

s. 333 Deprivation of liberty

s. 338E Stalking

s. 378 Stealing a motor vehicle

s. 392 Robbery

s. 393 Assault with intent to rob

s. 401 Burglary

s. 444 Criminal damage, if the property is destroyed or damaged by fire

Bush Fires Act 1954 

s. 32 Wilfully lighting a fire or causing a fire to be lit under such circumstances as to be likely to injure or damage a person or property

Criminal Organisations Control Act 2012 

s. 99(1) Association by controlled person with another controlled person

s. 99(3) Association by controlled person with another controlled person on 3 or more occasions within 3 month period

s. 102 Offence for controlled person to get funds to, from or for declared criminal organisation

s. 103 Other contravention of interim control order or control order

s. 106 Recruiting members for declared criminal organisation

s. 107(2) Permitting premises to be habitually used as place of resort by members of declared criminal organisation

s. 107(3) Being knowingly concerned in the management of premises habitually used as place of resort by members of declared criminal organisation

Misuse of Drugs Act 1981 

s. 6(1) Offences concerned with prohibited drugs generally

s. 7(1) Offences concerned with prohibited plants generally

s. 14(1) Possessing a quantity of a category 1 item or a category 2 item in circumstances where the life, health or safety of a child under 16 years of age was endangered, or bodily harm (as defined in The Criminal Code section 1(1) and (4)) was caused to such a child, by the acts constituting the offence

s. 33(1)(a) Attempting to commit an offence under section 6(1) or 7(1)

s. 33(2)(a) Conspiracy to commit an offence under s. 6(1) or 7(1)

Restraining Orders Act 1997 

s. 61(1) Breach of a violence restraining order

s. 61(2a) Breach of a police order

s. 86(2) Breach of a Part VII order under the Justices Act 1902   3 —

(a)         that under section 86 of the Restraining Orders Act 1997 is taken to be a misconduct restraining order under that Act; and

(b)         that shows on the face of the order that the causing or threatening of personal injury by the accused was a ground for the making of the order.

Road Traffic Act 1974 

s. 59 Dangerous driving causing death, injury, etc.

s. 59A Dangerous driving causing bodily harm

It is important to note that a breach of a protective bail condition can also render you a schedule 2 accused. A simple, non-threatening SMS, can see you remanded to custody until your trial date.

Our criminal lawyers at Scerri Legal are based in Perth CBD. If you would like to obtain legal advice in relation to your matter, please use the form in our contact us section.

Simple Offences v Indictable Offences and Either Way Offences

Broadly speaking, criminal offences are categorised into simple offences otherwise known as a summary offences, indictable offences or ‘either-way’ offences. 

SIMPLE OFFENCE

If you have been charged with a simple offence, your matter will be heard in the Magistrates Court by a Magistrate.

Section 67 of the Interpretation Act 1984 (WA) provides that a simple offence is an offence not described as a crime or misdemeanor.

An example of a simple offence is s74A of the Criminal Code (WA) (“Criminal Code”) is ‘Disorderly behaviour in public’.

INDICTABLE OFFENCE

Indictable offences are more serious criminal offences than simple offences and consequently, the penalty is often higher.

An indictable offence will commence in a Magistrates Court and then progress to a higher court, such as the District Court for either trial or sentence.

There are some instances where an indictable offence can be heard by a Magistrate in the Magistrates Court.

Examples of indictable offences are:

• Attempt to Unlawfully Kill – (s283)

• Murder - (s279)

EITHER WAY OFFENCES

As implied by the term ‘either way’ essentially this means any indictable offence which can be dealt with summarily in the Magistrates Court or in the District Court on indictment.

It Is best to obtain legal advice in relation to either way offences as proceeding summarily rather than on indictment, has certain advantages, particularly if a person intends on defending the charge.

Some examples of either way offences in the Criminal Code are:

• Assault causing bodily harm – (s317)

• Burglary - including aggravated burglary if the only circumstance of aggravation is being in company – (s401)

• Indecent Assault – (s323)

Criminal matters and attending Court can be extremely complex and stressful.

Should you require legal advice on your charge, please use the contact form in our Contact Us section.

eRideables. Are they legal in Western Australia?

As technology continues to evolve, so do our laws.

On 4 December 2021, Western Australia introduced new regulations surrounding eRideables to keep the community and riders, otherwise known as ‘eRiders’ safe. Failure to comply with these regulations is an offence and eRiders will be subject to penalties.

What is an eRideable?

eRideable, also known as ‘electric ridable’ is a small device with at least one wheel which you can ride on.  The device is less than 125cm long, 70cm wide and 135cm high.  The device should weigh 25kg or less and not capable of riding faster than 25km per hour on a flat surface whether the device is operating or not.

Some examples of eRideables are:

• eScooters;

• eSkateboards;

• eSkates;

• Hoverboards; and

• eUnicycles.

Rest assured, eBicycles (power assisted pedal cycles); Segways (electric personal transporters); motorised wheelchairs and motorised scooters which are <200w power are not considered an eRideable.  This is because they are already captured under the Road Traffic Code 2000 and therefore they have their own special set of rules.

Where can eRiders ride their eRideable?

eRideables can be an efficient way of getting around and so its important riders know where can use their device.  eRideables can be used on footpaths, bicycle paths and shared paths. eRiders are required to give way to pedestrians on paths and keep left of other oncoming riders.

You can use your eRideable on local roads but they must not contain centre lines and must have a speed limit of 50km/h or less. Riding in bike lanes is permitted on roads with a speed limit of 50km/h or less.

There are speed limits which eRideables must obey.  On footpaths, riders can only travel up to 10km/h and on bike paths, shared paths and local roads, riders can travel up to a speed of 25km/h.

Do eRiders need to wear safety equipment?

Much like riding a bicycle, eRiders must wear an approved helmet and have lights and reflectors when riding at night. A working warning device must also be fixed, such as a loud bell to warn pedestrians for example.

Is there a minimum age for eRiders?

Yes, eRiders must be at least 16 years of age. Children under 16 are permitted to ride low powered eScooters which are not higher than 200w or can travel faster than 10km/h.

What are some of the additional road rules eRiders need to abide by?

Rules and regulations are in place foremost to ensure your safety and the safety of others.

·         Complying with speed restrictions;

·         Give way to pedestrians;

·         Keep left unless overtaking;

·         Complying with road and path signage;

·         When approaching pedestrians or other path users, use a bell or verbal warning;

·         Using hand signals to indicate turning to other road users;

·         Do not carry additional passengers;

·         Do not carry animals;

·         Must not have sharp protrusions

This is not a comprehensive list and should not be relied upon. Should you wish to do further reading on eRideables, please click on the learn more button to be directed to the WA Govt webpage:

Can I Break the road rules to move out of the way for an emergency vehicle?

At some point, Western Australian drivers will hear sirens or see flashing lights from approaching emergency vehicles. It’s important to know how to respond safely.

You cannot speed, run the red light or break the road rules to get out of the way of an emergency vehicle.

Firstly, remain calm and check the direction the emergency vehicle is coming from. Indicate to show the driver of the emergency vehicle your intention to move. You must make every effort to make a clear path by moving as far left to the road as possible. If you can’t move left, indicate left and slow down to allow the emergency vehicle to navigate around you. If you are in a left lane, you should make room to allow other vehicles who are trying to move into the left lane. If emergency services personnel are directing you, then you must comply.

Failure to give way to an emergency vehicle is an offence and will land you a fine and loss of demerit points.

Contact Scerri Legal today to discuss your matter.

Basic Court Etiquette - What do I say or do when I attend court with my lawyer?

If you have never been to court before, we can understand the process may feel daunting.  We recommend these simple tips to help ease you on the day:

1. Arrive to court early. The date, time and court location will be written on your court papers. If you are unsure contact the court or your lawyer. If you arrive late or you are a no-show, your application will be dealt with in your absence and you may face consequences.

2. Dress neatly. You don’t need to dress for a gala event, however you should dress appropriately and conservatively. No singlets or sunglasses and shoes must also be worn.

3. No mobile phones or food and drink. Mobile phones need to be switched off prior to entering the court room. Please do not take food or drinks into the court room.

4. If a magistrate/judge/registrar is present, you must bow as you enter and exist the court room.

5. When your matter is being heard, stand up when the magistrate speaks to you. Address the magistrate or judge as Your Honour. Sir or ma’am is also acceptable.

6. Be respectful and courteous at all times and comply with any directions by court staff and security.

If you would like to make a booking with us, please fill in the below form and our Vanessa Lanciano will be in touch.

When is honking your horn legal in W.A?

If you have ever felt the urge to honk your car horn in frustration at another driver on the road, you will be glad you didn’t as it is illegal and can cost you a fine. Another example of illegal use is tooting your car horn to greet or say goodbye.

The Road Traffic Code 2000 (WA) says that a person shall not sound their car horn unless you are doing so to warn other road users or animals of the approach or position of the vehicle. Horns or warning devices are also the exception if they are being used as part of an anti theft device fitted to the vehicle.

In Western Australia, the current penalty is one penalty unit which is $50.00.

Drunk Cycling. Is it illegal?

Most of us have felt the wait for taxis or share drivers to get us home safely after a few drinks. So if you’re contemplating riding a bicycle down the road from your local pub back home (for example), you will need to think again!

From a safety perspective, cycling while under the influence can place you or other road users at risk - even if you’re on a footpath. When a person is intoxicated, it can change their perception, mood, thinking processes and motor skills to name a few. You could fall off your bike and seriously hurt yourself, or worse - you could risk losing your life if you ended up cycling into incoming traffic. This is one of the many reasons as to why regulations are created - it’s to keep us safe.

In Western Australia, section 229 of the Road Traffic Code 2000 stipulates that it is an offence to ride a bicycle on a road or any path while under the influence of alcohol, drugs or alcohol and drugs to such an extent as to be incapable of having proper control of the bicycle. This also includes riding a bicycle recklessly or without due care and attention.

If you are facing charges and would like to make an appointment with us, please fill in the below form and our Vanessa Lanciano will be in touch:

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Radar Detectors - Now Illegal In Western Australia

RADAR DETECTORS - NOW ILLEGAL IN WESTERN AUSTRALIA

Western Australia amended its legislation to ban the use of radar detectors in vehicles.

As of 12 October 2020, harsh penalties will be imposed if WA drivers are caught driving a vehicle fitted (to/within or on their vehicle) with a radar detector.

It does not matter whether the radar detector is in operation or not.

Depending on the vehicle, drivers can face on the spot fines of up to $1,500 and 7 demerit points.  Any subsequent re-offending will impose harsher penalties.

If you need representation in relation to a traffic matter, please fill in the form in our Contact Us section and one of our lawyers will be in touch.

Criminal Injuries Compensation applications - Are you a victim of a crime in WA?

Are you a victim of a crime in Western Australia?  You may be eligible to receive Criminal Injuries Compensation if you suffered an injury or experienced financial loss as a result of the crime. 

What is Criminal Injuries Compensation?

Criminal Injuries Compensation Act 2003 (WA) provides for the payment of compensation to victims of offences in some circumstances, and for related matters.

You may also be a victim of crime if an immediate member of your family has died as a direct result of an offence.

Is there a time limit to make an application?

Yes, there are strict time limitation periods for making a claim. However, you may be able request an extension if you are outside the time limit if you have exceptional reasoning for the delay.  Please contact our Scerri Legal team to further discuss when the offence/s occurred.

What type or injury or loss can be compensated?

Criminal Injury Compensation may cover (but is not limited to) the following:

• Loss and enjoyment of life;

• Pain and suffering;

• Loss of income;

• Medical expenses including counselling, psychology, treatment and reports;

• Loss or damage of personal items such as hearing aids or clothing.

What amount of compensation will I receive?

The amount you will receive will depend on your injury and the amount of loss you have suffered as a result of that injury.

The maximum amount of criminal compensation payable for victims of crime for offences committed in the state of Western Australia is $75,000 after 1 January 2004.

How long does it take to finalise my claim?

As no two criminal injury compensation claims are the same, the duration of finalising your claim may depend on how complex your injuries are and whether your injuries are stabilised.

The offender was not identified. What happens now?

Regardless of whether the offender was identified, you can still make an application to claim compensation. However, the assessor will need to be satisfied that an offence took place and an injury or loss was a result from that offence.

You should report the offence to the police and obtain the name of the police officer and the report number.  Unless you have exceptional reasons for not reporting or assisting the police with the investigation, your compensation claim may be impacted.

Make an appointment to speak with one of Scerri Legal lawyers to discuss your Criminal Injuries Compensation claim.

Every Criminal Injury Compensation claim is different and one of our lawyers will be able to provide you legal advice on your injury and assess your eligibility for your claim.

Click on the below link to be directed to our Contact Us page.