Western Australian Numbered Acts Western Australian Numbered Acts (1) This section does
not apply to a charge if the accused has been convicted of it and is awaiting
sentence.
(2) A court has a
general power to adjourn a charge at any time and may do so whether or
not —
(a) the
prosecutor or the accused is present;
(b) the
accused has pleaded to the charge; or
(c) any
evidence has been given.
(3) Without limiting
subsection (2), a court may adjourn a charge for any good reason
including for the purpose of allowing —
(a) the
accused to consider the prosecution notice or seek legal advice;
(b) the
services of an interpreter to be obtained.
(4) If a court
adjourns a charge —
(a) it
must adjourn it either to a later time of the day on which the
charge is adjourned ("new time") or to a date set by the
court ("new court date");
(b) it
must ensure the parties are advised of the time and place to which the charge
is adjourned and for that purpose may make any order and issue any document
necessary;
(c) it
may make any order and issue any document needed to ensure that any person,
including the accused, whose presence will be needed, appears at the time and
place to which the charge is adjourned.
(5) If a court
adjourns a charge to a new time it may, subject to the Bail Act 1982 ,
order that the accused be kept in custody until that time.
(6) If a court
adjourns a charge to a new court date it may, subject to the
Bail Act 1982 , order that the accused be kept in custody until that
date.
(7) If a court makes
an order under subsection (6), the new court date must not be more than
8 days after the date on which the charge is adjourned, unless the
accused consents.
(8) If a court makes
an order under subsection (6) it must issue a remand warrant that states
the new court date.
(9) A remand warrant
may relate to more than one charge.