An appeal court may decide a bail application for itself where the primary judge failed to give adequate reasons, provided the appellate court has all the material that was before the primary judge. Section 40(1)(e) of the Criminal Appeals Act 2004 (WA), which permits admission of evidence on appeal, does not apply to bail appeals under s 15A of the Bail Act 1982 (WA); fresh material must instead be raised before the primary court under cl 4, sch 1 Pt B of the Bail Act.
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