Western Australian Numbered Acts

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

71 .         Making an application to set aside

        (1)         If in the prosecutor’s absence a court makes a decision on a charge, the prosecutor may apply to the court for an order that sets aside the decision and orders the charge to be dealt with again on the grounds that the prosecutor —

            (a)         did not receive notice of the court date on which the decision was made;

            (b)         did not receive such notice in enough time to enable the prosecutor to appear on the court date; or

            (c)         received such notice in enough time to enable the prosecutor to appear on the court date but did not appear for some good reason.

        (2)         If in an accused’s absence a court convicts the accused of a charge, the accused may apply to the court for an order that sets aside the decision and orders the charge to be dealt with again on the grounds that the accused —

            (a)         did not receive notice of the court date on which the conviction occurred;

            (b)         did not receive such notice in enough time to enable the accused to appear on the court date; or

            (c)         received such notice in enough time to enable the accused to appear on the court date but did not appear for some good reason.

        (3)         If in an accused’s absence a court disqualifies the accused from holding or obtaining a licence under a written law, an application made under subsection (2) may include an application for an order that suspends the disqualification until the application made under subsection (2) is decided.

        (4)         An application made under this section —

            (a)         may relate to 2 or more decisions made at one hearing; and

            (b)         must be made —

                  (i)         to the court’s registry at the place where the decision was made; and

                  (ii)         in accordance with the regulations.

        (5)         A court must refuse an application made under this section if —

            (a)         the application is made in respect of a decision after an appeal against the decision has been commenced under the Criminal Appeals Act 2004 ; or

            (b)         after the application is made in respect of a decision and before it is decided, an appeal against the decision is commenced under the Criminal Appeals Act 2004 .