Western Australian Numbered Acts

CRIMINAL PROCEDURE ACT 2004 (NO. 71 OF 2004) - SECT 127

127 .         Plea of no jurisdiction etc., dealing with

        (1)         If an accused enters a plea under section 126(1)(b) to a charge, the court may amend the charge.

        (2)         If an accused enters a plea under section 126(1)(a), (b) or (c) to a charge, the court must try any issue raised by the plea and, if the court is a superior court —

            (a)         may ascertain any fact by the verdict of a jury if it thinks fit;

            (b)         may refer a question of law to the Court of Appeal in accordance with the Criminal Appeals Act 2004 section 46.

        (3)         If under subsection (2)(b) a superior court refers a question of law to the Court of Appeal, it must adjourn the prosecution until the Court of Appeal gives its judgment.

        (4)         If a court rejects a plea entered under section 126(1)(a), (b) or (c) to a charge, the court must require the accused to enter a different plea to the charge and —

            (a)         if any issue raised by the rejected plea was decided in a superior court by a jury, the judge may order any issue raised by the new plea to be tried by that same jury or by another jury; and

            (b)         if the judge orders that same jury to try the new issue, the oaths or affirmations already taken or made by the jurors are to be taken to extend to the new issue and fresh ones are not required.

        (5)         Section 126(5) and (6), with any necessary changes, apply if an accused does not plead as required under subsection (4).