Western Australian Numbered Acts Western Australian Numbered Acts (1) A prosecution for
an indictable offence may be commenced in any superior court that has
jurisdiction to determine a charge of the offence, even if it is not the court
to which the accused was committed.
(2) An indictment must
specify the place where it is to be dealt with by the superior court
being —
(a)
Perth, or a circuit town proclaimed under the Supreme Court Act 1935
section 46(1), if the prosecution is being commenced in the Supreme
Court; or
(b) a
place where the District Court is held, if the prosecution is being commenced
in that court,
but the place need not
be the place to which the accused was committed.
(3) Irrespective of
where it is to be dealt with, an indictment must be lodged at Perth.
(4) If —
(a) a
prosecution is commenced in a superior court that is not the court to which
the accused was committed; or
(b) an
indictment is to be dealt with at a place that is not the place to which the
accused was committed,
the superior court
must ensure that written notice of the court in which, and the place where,
the indictment will be dealt with is given to —
(c) the
accused and any surety for the accused; and
(d) any
witness who is subject to a witness undertaking, and any surety for a witness.
(5) On notice being
given under subsection (4) to a person, any bail undertaking, witness
undertaking or surety undertaking by the person is to be taken to have been
amended to specify the court at the place specified in the notice instead of
the court at the place specified in the undertaking.