Western Australian Current Acts

CORRUPTION, CRIME AND MISCONDUCT ACT 2003 - SECT 50

50 .         Examination of witness about offence with which witness charged

        (1)         A person summoned on an organised crime summons cannot be examined about matters that may be relevant to an offence with which the person stands charged, but this section does not prevent any other person from being examined about those matters.

        (2)         For the purposes of this section a person stands charged with an offence when —

            (a)         the person is informed by the person investigating the offence that he or she will be charged with the offence;

            (b)         the persons investigating the offence ought to have formed the view that the person should be charged with the offence,

                whether or not at that time a prosecution notice in respect of the offence has been made or sworn; or

            (c)         a prosecution notice in respect of the offence is made or sworn,

                whichever happens first.

        [Section 50 inserted: No. 78 of 2003 s. 17; amended: No. 84 of 2004 s. 79.]

        [Heading inserted: No. 78 of 2003 s. 17.]