WA Please help on an assignment question, Magistrate imposed bail conditions.

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

adav6638

Active Member
15 December 2023
14
0
31
Hi,
Can anyone help me (I don't mean to give me the answers but point in the right direction). This is a homework question relating to a group of friends commiting a crime together in Perth, getting arrested and having to appear in court the following morning, where the magistrate then granted conditional bail, with the main condition being that they cannot talk to each other at all until the next hearing.
In what circumstances can a magistrate prohibit codefendants from talking to each other or others in their group/gang/crew? What is the legal context and/ or purpose for this?
It must particularly or if not solely address the WA Bail Act 1982:

My main ideas are to prevent them from changing their stories or destroying evidence and also the object of mitigating harm-risk to the victim/property. Any other ideas?

Thank you for any input.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,939
820
2,894
Sydney
In what circumstances can a magistrate prohibit codefendants from talking to each other or others in their group/gang/crew?
In circumstances where it's a condition of their bail.
You're not asking the right question.

What is the legal context and/ or purpose for this?
An injunction against consorting is usually to made to support the standard bail conditions, to prevent collusion between co-accused, and to protect co-accused, some of whom may turn out to be witnesses against others of their co-accused.
In particular, to prevent one or more witnesses intimidating (an)other(s)
into going on to give in some way untrue evidence (either by expression or omission).

It must particularly or if not solely address the WA Bail Act 1982:
Big call, to use the word "must" when so obviously unfamiliar with the material.
---> You'll have a much more fun time if you actually read the act.
 

adav6638

Active Member
15 December 2023
14
0
31
Thank you for the helpful insights. I submitted my work before your reply and am disappointed I didn't include some of this information.