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.