Western Australian Current Acts Western Australian Current Acts (1) This section
applies, notwithstanding any other Act, for the purpose of prosecuting an
offence against section 51(1), (2) or (2a) where the court before which the
accused is bound to appear at the time when he fails to comply with his bail
undertaking is the Supreme Court or the District Court.
(2) Where this section
applies, the accused shall be dealt with summarily for the offence and shall
be so dealt with —
(a) by a
judge of the Supreme Court in any case where the accused was bound to appear
before the General Division of the Supreme Court;
(ab) by
a judge of appeal in any case where the accused was bound to appear before the
Court of Appeal;
(b) by a
judge of the District Court in any case where the accused was bound to appear
before that Court.
(3) A prosecution for
an offence which is to be dealt with under this section shall be commenced by
the authorised officer (as defined in section 80 of the
Criminal Procedure Act 2004 ) who was conducting the proceedings in which the
accused failed to comply with his bail undertaking or by a police officer
—
(a)
where subsection (2)(a) or (ab) applies, in the Supreme Court; and
(b)
where subsection (2)(b) applies, in the District Court.
(3a) Where this
section applies, a person authorised under subsection (3b) shall cause to be
issued to the Commissioner of Police a certificate under section 64 as to the
accused’s failure to appear.
(3b) The Chief
Justice, in respect of cases where the court before which the accused was
bound to appear is the Supreme Court, and the Chief Judge, in respect of cases
where the court before which the accused was bound to appear is the District
Court, may authorise a person or persons, by name or office, to perform the
function referred to in subsection (3a).
(3c) A prosecution
that has been commenced under subsection (3) by a police officer shall be
conducted by the Director of Public Prosecutions.
(4) Subject to
section 51(3) and (5), a prosecution for an offence which is to be dealt with
under this section is to be commenced and conducted under the
Criminal Procedure Act 2004 as if it were a prosecution of a simple offence in
a court of summary jurisdiction, but —
(a) no
fees shall be charged by the Supreme Court or District Court for or in respect
of any act or proceeding that relates to the prosecution; and
(b) the
Supreme Court or District Court cannot order a party to the prosecution to pay
another party’s costs of or relating to the prosecution, except under
section 166(2) of the Criminal Procedure Act 2004 .
(5) If under
section 51(6) or (7) the Supreme Court or the District Court imposes a
pecuniary penalty the court may make an order under section 59 of the
Sentencing Act 1995 in respect of the amount payable.
[Section 52 amended: No. 92 of 1994 s. 6; No. 78
of 1995 s. 8; No. 54 of 1998 s. 10; No. 45 of 2004 s. 28(2) and (4); No. 59 of
2004 s. 141; No. 84 of 2004 s. 11 and 82; No. 2 of 2008 s. 56(5); No. 6 of
2008 s. 32(1) and (2).]