Western Australian Numbered Acts Western Australian Numbered Acts
TABLE OF PROVISIONS
Long Title
Preamble
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Interpretation
PART 2 -- Dealing with alleged offenders without prosecuting them
4. Interpretation
5. Prescribed offences and modified penalties for them
6. Other matters to be prescribed by prescribed Acts
7. Authorised and approved officers
8. Issuing infringement notices
9. Form and content of infringement notices
10. Service of infringement notices
11. Interpretation for ss. 12 and 13
12. Vehicle offences, infringement notices for
13. Vehicle offences, onus of responsible person
14. Extensions of time
15. Withdrawal of infringement notices
16. Modified penalty, effect of paying
17. Modified penalty, application of
PART 3 -- Prosecutions in courts of summary jurisdiction
Division 1 -- Preliminary
18. Interpretation
19. Application of this Part
20. Who may commence a prosecution
21. When a prosecution can be commenced
22. Where a prosecution may be commenced
23. Prosecution notice, formal requirements of
24. Prosecution notice, lodgment of
25. Discontinuing a prosecution
26. Accused’s general entitlement to prosecution notice
27. Accused in custody, entitlement to prosecution notice
28. Accused not in custody, procedural options
29. Corporation, procedural options
30. Summons, court hearing notice or warrant, issue of
31. Warrant for accused’s arrest, contents etc.
32. Summons to accused, contents and service of
33. Court hearing notice, contents and service of
34. Summons etc., amendment of date if not served
35. Initial disclosure by prosecutor
36. Interpretation
37. Application of this Division
38. No appearance by a party
39. Initial procedure
40. Either way charges
41. Charges that are to be tried on indictment
42. Full disclosure by prosecutor
43. Administrative committals
44. Disclosure/committal hearing, procedure on
45. Committal, prosecutor’s duties after
46. Committal for sentence after conviction, procedure on
47. Committal for sentence or trial, matters to be recorded
48. Application of this Division
49. Written plea, court to advise prosecutor
50. Written plea of not guilty
51. Written plea of guilty
52. No appearance by any party and no plea received
53. No appearance by any party but plea received
54. No appearance by prosecutor
55. No appearance by accused and no plea of guilty
56. Conviction of absent accused, sentencing procedure on
57. Application of this Division
58. Appearance by both prosecutor and accused, procedure on
59. Initial procedure, pleading
60. Plea of not guilty, procedure on
61. Disclosure by prosecutor
62. Disclosure by accused of certain matters in certain cases
63. Non-disclosure, consequences of
64. Issues that may be dealt with before trial
65. Trials, procedure on
66. Trial on the papers
67. Costs
68. Court must record its decision
69. Conviction and sentence, accused to be notified of
70. Interpretation
71. Making an application to set aside
72. Dealing with an application to set aside
73. Court may set aside decision on its own initiative
74. Effect of decisions under s. 72 or 73
75. Adjourning charges
76. Staying a prosecution permanently
77. Video or audio link, use of when accused in custody etc.
78. Exceptions etc., proof of in simple offences
79. Dismissing a charge for want of prosecution, consequences of
PART 4 -- Prosecutions in superior courts
Division 1 -- Preliminary
80. Interpretation
81. Application of this Part
82. Court may act on its own initiative etc.
83. How a prosecution is commenced
84. Where a prosecution may be commenced
85. Indictments, formal requirements and service of
86. Accused not committed may be arrested etc.
87. Discontinuing a prosecution
88. Accused’s presence, when required
89. Adjourning cases
90. Staying a prosecution permanently
91. Accused may be required to plead at any time
92. Plea of not guilty, consequences of
93. Plea of not guilty on account of unsoundness of mind, dealing with
94. Court may order prosecutor to commence prosecution etc.
95. Disclosure by prosecutor
96. Disclosure by accused of certain matters
97. Non-disclosure, consequences of
98. Issues that may be dealt with before trial
99. Unconvicted accused committed for sentence, procedure on
100. Convicted accused committed for sentence, procedure on
101. Application of this Division
102. When a juror is sworn
103. Accused to be told of right to challenge jurors
104. Challenging jurors
105. Jurors to be sworn
106. Jury to be informed of certain matters
107. Plea of guilty after jury is sworn
108. No case to answer, judge may acquit accused
109. View by a jury
110. Jury may be given records etc. to assist understanding
111. Jury not to separate or communicate with others
112. Judge to address jury before it deliberates
113. Special verdict may be required
114. Jury’s verdict to be unanimous except in some cases
115. Discharging a juror
116. Discharging a jury
117. Application of this Division
118. Trial by judge alone without a jury may be ordered
119. Law and procedure to be applied
120. Judge’s verdict and judgment
121. Sentences etc. may be stayed pending appeal
122. Incapacity of judge
123. No fees or costs
124. Rules of court
PART 5 -- Provisions applicable to any prosecution
Division 1 -- Preliminary
125. Application of Part
Division 2 -- Pleas and related matters
126. Pleas available to charges
127. Plea of no jurisdiction etc., dealing with
128. Plea of no jurisdiction etc., consequences if upheld
129. Plea of guilty, procedure on
Division 3 -- General procedural matters
130. Mental fitness of accused to stand trial
131. Unclear charge, court may order particulars etc.
132. Amending charges etc.
133. Separate trials, court may order
134. Separate prosecutions may be dealt with together
135. Venue, change of
136. Trial date, court may set on application of party
137. Case management powers
138. Disclosure requirements, orders as to
139. Accused’s appearance, court’s powers to compel
140. Accused may be excluded from proceedings
141. Video and audio links, use of
Division 4 -- Trial matters
142. Accused required to plead at start of trial
143. Opening addresses
144. Accused’s entitlement to defend charges
145. Closing addresses
Division 5 -- Judgments and related matters
146. Acquittal on account of unsoundness of mind
147. Judgment, entry of
148. Conviction, consequences of
149. Acquittal, consequences of
150. Discharge of accused, effect of
Division 6 -- Prosecutions against corporations
151. Application of this Division
152. Corporation may appoint representative
153. Representative’s functions
154. Pleas by or on behalf of a corporation
155. Compelling a representative to appear
Division 7 -- Witnesses
156. Interpretation
157. Privilege, claims of not prevented
158. Pre-trial statements and examinations of witnesses (Sch 3)
159. Compelling a witness to attend court
160. Arrest warrant for witness, content of
161. Witness summons, content of
162. Witness summons, service of
163. Witness summons to produce material, procedure on
164. Witnesses, securing further attendance of (Sch 4)
165. Witness not attending, procedure on
166. Witness summons, cancelling
167. Discharging a witness
168. Criminal records, proof of
169. Child, prosecution of in wrong court
170. Exhibits, retention of etc.
171. Court to be open, publicity
172. Representation of parties
PART 6 -- Miscellaneous
Division 1 -- Court documents
173. Unauthorised documents
174. Presumptions as to signatures
175. Service and proof of service
176. Effect of court documents
177. Warrants, effect of and procedure on
178. Defects etc. in court documents
179. Errors in court records due to use of wrong or false name
Division 2 -- Offences
180. Corporation and its officers, liability for offences
181. Disobeying summons, offence
Division 3 -- General
182. Appointment of people to prosecute offences
183. Contempts, summary punishment of not prevented
184. Decisions by court officer, review of
185. Enforcing orders to pay money, other than fines etc.
186. Regulations
SCHEDULE 1 -- Prosecution notices and indictments
SCHEDULE 2 -- Service of documents and other things
SCHEDULE 3 -- Pre-trial statements and examinations of witnesses
SCHEDULE 4 -- Securing the further attendance of witnesses
[Assented to 8 December 2004]