Western Australian Numbered Acts

CRIMINAL PROCEDURE ACT 2004 (NO. 71 OF 2004) - SECT 53

53 .         No appearance by any party but plea received

        (1)         If on a court date for a charge neither the prosecutor nor the accused appears but the accused has pleaded to the charge, whether orally or by means of a written plea, the court must —

            (a)         adjourn the charge to a new court date and notify the prosecutor of that date; and

            (b)         issue to the accused an approved notice that notifies the accused of that date and explains why the charge has not been dealt with.

        (2)         If on the new court date the prosecutor does not appear, then whether or not the accused appears, the court may dismiss the charge for want of prosecution.

        (3)         The approved notice must be served on the accused in accordance with Schedule 2 clause 2, 3 or 4.