Western Australian Numbered Acts Western Australian Numbered Acts (1) This section
applies if, at the time of being charged with an offence, an accused is not
under arrest or otherwise in custody.
(2) This section does
not apply if an accused is a corporation.
(3) If the prosecution
notice alleges one or more indictable offences, the prosecutor —
(a) if
he or she is an authorised investigator, must either personally issue a
summons to the accused or apply —
(i)
to a JP or a prescribed court officer for the issue of a
summons to the accused; or
(ii)
to a magistrate of the court that will deal with the
notice for an arrest warrant for the accused;
(b) if
he or she is not an authorised investigator, must apply —
(i)
to a JP or a prescribed court officer for the issue of a
summons to the accused; or
(ii)
to a magistrate of the court that will deal with the
notice for an arrest warrant for the accused.
(4) If the prosecution
notice alleges one or more simple offences, the prosecutor —
(a) if
he or she is an authorised investigator, must either personally issue a court
hearing notice to the accused or apply —
(i)
to a JP or a prescribed court officer for the issue of a
court hearing notice to the accused; or
(ii)
to a magistrate of the court that will deal with the
notice for an arrest warrant for the accused;
(b) if
the prosecutor is not an authorised investigator, must apply —
(i)
to a JP or a prescribed court officer for the issue of a
court hearing notice to the accused; or
(ii)
to a magistrate of the court that will deal with the
notice for an arrest warrant for the accused.
(5) The JP or
prescribed court officer or magistrate who issues a summons or court hearing
notice or warrant under this section in relation to a prosecution notice need
not have been present when the prosecution notice was signed.