Western Australian Current Acts

CRIMINAL APPEALS ACT 2004 - SECT 46F

46F .         Procedure on leave applications

        (1)         As soon as practicable after a leave application is made, the Court of Appeal, unless it is satisfied the application is an abuse of process, must —

            (a)         issue a summons that requires the acquitted accused to appear before the court; or

            (b)         issue an arrest warrant to have the acquitted accused brought before the court.

        (2)         If the acquitted accused does not obey a summons issued under subsection (1), the court must issue an arrest warrant to have the accused brought before the court.

        (3)         On being served with the summons or arrested (as the case may be), the acquitted accused must be given a copy of the leave application.

        (4)         When the acquitted accused appears or is brought before the Court of Appeal, the court —

            (a)         may make any order necessary in relation to hearing the leave application; and

            (b)         subject to the Bail Act 1982 , may order that the accused be kept in custody until the hearing.

        [Section 46F inserted: No. 9 of 2012 s. 4.]