Western Australian Numbered Acts

CRIMINAL PROCEDURE ACT 2004 (NO. 71 OF 2004) - SECT 43

43 .         Administrative committals

        (1)         If, under section 41(4), a court adjourns a charge, then when or at any time after the prosecutor complies with section 42 and before the new court date set under section 41(4) for the disclosure/committal hearing, the prosecutor may request the accused to consent to the court committing the accused for sentence or trial to a superior court with jurisdiction to deal with the charge without a disclosure/committal hearing.

        (2)         The request must —

            (a)         be in writing in an approved form;

            (b)         if the charge is one of 2 or more charges in one prosecution notice, relate to all of the charges in the prosecution notice;

            (c)         if the accused is one of 2 or more accused named in one prosecution notice, relate to all of the accused; and

            (d)         be served on the accused in accordance with Schedule 2 clause 2, 3 or 4.

        (3)         An accused who receives such a request may consent to it by —

            (a)         completing the approved form; and

            (b)         lodging the form with the court at least 5 working days before the date set for the disclosure/committal hearing.

        (4)         An accused who is completing the approved form may state in it the accused’s plea to the charge.

        (5)         On receiving an approved form containing the accused’s consent, the court may, in the absence of the prosecutor and the accused, commit the accused for trial or, if the accused has pleaded guilty in the form, for sentence (without convicting the accused) to a superior court with jurisdiction to deal with the charge.

        (6)         If an accused is charged with 2 or more offences in one prosecution notice, the court may only commit the accused under subsection (5) if the accused’s consent relates to each charge in the notice.

        (7)         If 2 or more accused are charged in one prosecution notice, the court may only commit an accused under subsection (5) if the court has received consents from each of the accused.

        (8)         If under subsection (5) a court commits an accused, the court must —

            (a)         comply with section 44(2);

            (b)         notify the parties in writing of the committal; and

            (c)         cancel the disclosure/committal hearing.

        (9)         A party who is notified under subsection (8) is not required to appear at the disclosure/committal hearing.