Western Australian Numbered Acts Western Australian Numbered Acts (1) This section
applies if the charge is an either way charge.
(2) If The Criminal
Code section 5 applies to the charge, the court must give the prosecutor
and the accused an opportunity to apply under that section for the charge to
be tried on indictment.
(3) If the court
decides that the charge is to be tried on indictment, the court must proceed
in accordance with section 41.
(4) If the charge is
to be tried summarily, the court must deal with the charge summarily under
Division 6 and may do so —
(a) with
the consent of the prosecutor and the accused, immediately; or
(b)
otherwise, on a later date.