Rose v WA

[2026] WASCA 123

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

1. Criminal law
2. › Bail
3. › Appeal against refusal of bail
1. Criminal law
2. › Bail
3. › Exceptional reasons requirement under schedule 2 offences
1. Practice and procedure
2. › Interim orders
3. › Power to direct prison authorities
1. Practice and procedure
2. › Appeals
3. › Scope of material on appeal from bail decision

It is highly doubtful that a Court of Appeal possesses implicit power to direct prison authorities as to the management of a prison or prisoner for the purpose of preserving the effective exercise of its appellate jurisdiction; the question was left open as it was unnecessary to resolve.
Where an appeal from a bail refusal is confined by statute to the material before the primary judge (Bail Act 1982 (WA), s 15B(2)), there is no utility in seeking interim orders to facilitate the gathering of further evidentiary material for that appeal; new facts or circumstances should instead be raised in a fresh bail application under s 14(2a).
The ordinary restrictions of custody that make litigation preparation more difficult do not, without more, justify the making of interim orders against prison authorities, particularly where the prisoner retains access to resources sufficient to engage the appellate process and some difficulties are of the prisoner's own making.