Western Australian Numbered Acts Western Australian Numbered Acts (1) In this section,
unless the contrary intention appears —
“confessional material” has the
meaning given by section 42;
“evidentiary material” has the meaning
given by section 42;
“lodge” means to lodge with the
superior court concerned;
“serve” , an accused, means to serve
the accused in accordance with Schedule 2 clause 2, 3
or 4.
(2) A requirement
under this section to serve evidentiary material includes a requirement to
serve the things that are required to be served under section 42(2).
(3) The operation of
this section is subject to any order made under section 138, whether in
relation to a requirement of this section or a requirement of section 35
or 42.
(4) This section does
not affect the operation of The Criminal Code section 570A.
(5) Within the
prescribed period after an accused is committed for sentence on a charge, the
relevant authorised officer must lodge the following and, if any of the
following has not already been served on or received by the accused, serve the
accused with it —
(a) a
statement of the material facts of the charge;
(b) any
confessional material of the accused that is relevant to the charge;
(c) a
copy of the accused’s criminal record;
(d) a
copy of the certificate given to the officer under section 45;
(e) any
other document that is prescribed.
(6) Within the
prescribed period after an accused is committed for trial on a charge, the
relevant authorised officer must lodge the following and, if any of the
following has not already been served on or received by the accused, serve the
accused with it —
(a) a
statement of the material facts of the charge;
(b) any
confessional material of the accused that is relevant to the charge;
(c) any
evidentiary material that is relevant to the charge;
(d) a
copy of the accused’s criminal record;
(e) a
copy of the certificate given to the officer under section 45;
(f) any
other document that is prescribed.
(7) If an accused is
committed for sentence or trial and the indictment contains a charge on which
the accused was not so committed, the prosecutor, within the prescribed period
after the indictment is lodged, must lodge and serve the following and, if any
of the following has not already been served on or received by the accused,
serve the accused with it —
(a) a
statement of the material facts of the charge;
(b) any
confessional material of the accused that is relevant to the charge;
(c) any
evidentiary material that is relevant to the charge;
(d) a
copy of the accused’s criminal record;
(e) any
other document that is prescribed.
(8) If an indictment
is lodged against a person who, when it is lodged, is not committed to the
court for trial or sentence, the prosecutor, within the prescribed period
after it is lodged, must lodge and serve —
(a) a
statement of the material facts of each charge in the indictment;
(b) any
confessional material of the accused that is relevant to each such charge;
(c) any
evidentiary material that is relevant to each such charge;
(d) a
copy of the accused’s criminal record; and
(e) any
other document that is prescribed.
(9) If, after
complying with subsection (6), (7) or (8) and before a charge is finally
dealt with, a prosecutor receives or obtains —
(a)
confessional material or additional confessional material that is relevant to
the charge;
(b)
additional evidentiary material that is relevant to the charge;
(c) any
statement or recording referred to in section 42(2)(b); or
(d) the
name or address of a person described in section 42(2)(c),
the prosecutor must
lodge it or a copy of it, and serve it or a copy of it on the accused, as soon
as practicable.