Western Australian Numbered Acts Western Australian Numbered Acts (1) An authorised
investigator must not, under section 28 or 29, personally
issue —
(a) a
summons unless it complies with section 32(1); or
(b) a
court hearing notice unless it complies with section 33(1),
and unless the date
stated in the summons or notice as the date when the court will deal with the
prosecution notice is a date nominated by a prescribed court officer.
(2) A JP or a
prescribed court officer to whom an application is made under section 28
or 29 must not issue —
(a) a
summons unless it complies with section 32(1); or
(b) a
court hearing notice unless it complies with section 33(1).
(3) Failure to comply
with subsection (1) or (2) does not invalidate the summons or court
hearing notice but may be grounds for adjourning the prosecution.
(4) A magistrate to
whom an application is made under section 28 must not issue an arrest
warrant for an accused unless satisfied that —
(a) the
prosecution notice to which it relates complies with section 23;
(b) the
presence of the accused when the prosecution notice is dealt with is likely to
be necessary for any reason or for sentencing purposes; and
(c) the
issue of the warrant is justified under subsection (5).
(5) The issue of an
arrest warrant for an accused is justified if —
(a)
there are reasonable grounds to suspect that if a summons or a court hearing
notice were issued, the accused —
(i)
would avoid service of the summons or notice;
(ii)
would not comply with the summons;
(iii)
would continue or repeat an offence charged in the
prosecution notice;
(iv)
would endanger the safety, welfare or property of another
person; or
(v)
would interfere with witnesses or otherwise obstruct the
course of justice;
(b) the
accused’s whereabouts are not known to the prosecutor;
(c) the
accused is the subject of another warrant for his or her arrest, whether under
this Act or otherwise; or
(d) for
any other reason the magistrate is satisfied the issue of the warrant is
justified.
(6) An arrest warrant
for an accused may be issued even if —
(a) a
summons or court hearing notice has been issued, or served on the accused; or
(b) the
prosecution notice alleges an offence the statutory penalty for which is not
or does not include imprisonment.
(7) Section 184
applies to and in relation to a prescribed court officer’s decision made
under subsection (3) to refuse to issue a summons or court hearing
notice.
(8) If under
section 184 the court sets aside the officer’s decision, it may
issue a summons or court hearing notice to the accused.