Western Australian Numbered Acts

CRIMINAL PROCEDURE ACT 2004 (NO. 71 OF 2004) - SECT 18

18 .         Interpretation

                In this Part, unless the contrary intention appears —

        “adjourn” means to adjourn under section 75;

        “authorised investigator” means —

            (a)         a person referred to in section 80(2)(a) to (e);

            (b)         a police officer;

            (c)         an officer of a prescribed public authority who is authorised by the public authority, or under a written law, to commence prosecutions; or

            (d)         a person appointed under section 182 to prosecute offences who is acting in accordance with the terms of the appointment;

        “court” means a court of summary jurisdiction;

        “court date” , for a charge in a prosecution notice, means —

            (a)         the first court date for the notice;

            (b)         if the charge has been adjourned to a new court date, the new court date; or

            (c)         any other date set by a court as a date when it will deal with the charge;

        “first court date”  —

            (a)         for an indictable charge in a prosecution notice, means —

                  (i)         the date stated in the summons first served on the accused in relation to the notice as the date when the accused is required to appear before the court; or

                  (ii)         the date when the accused first appears in the court in relation to the charge in accordance with a bail undertaking by the accused or by reason of being in custody;

            (b)         for a charge of a simple offence in a prosecution notice, means —

                  (i)         the date stated in the court hearing notice first served on the accused in relation to the prosecution notice as the date when the charge will be dealt with by the court; or

                  (ii)         the date when the accused first appears in the court in relation to the charge in accordance with a bail undertaking by the accused or by reason of being in custody;

        “prescribed” means prescribed by the regulations made under this Act;

        “prescribed public authority” means a public authority that is prescribed for the purposes of this Part;

        “written plea” , to a charge by an accused, means a plea of guilty or not guilty to the charge made in writing and —

            (a)         if the accused is an individual, signed by the accused or on the accused’s behalf by a lawyer;

            (b)         if the accused is a corporation, made in accordance with section 154(1).