Western Australian Current Acts

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22 .         President may extend powers of magistrate

        (1)         Where under this Act the Court has jurisdiction to hear and determine a charge of an offence, the President may, by notice in writing given to a magistrate, direct and empower the magistrate to hear and determine the charge under this section.

        (2)         A magistrate who is directed to hear and determine a particular charge of an offence under this section shall, notwithstanding section 21(2), in respect of that charge have extended powers of sentencing as if that magistrate were a judge.

        (3)         In the case of a charge which is to be heard and determined by a magistrate under this section, the magistrate must when the trial begins inform the person charged of the extended powers conferred on the magistrate under this section.

        (4)         This section does not apply in respect of an offence of a kind that can be determined only by the Supreme Court where the person charged with the offence is not a child.

        [Section 22 amended: No. 84 of 2004 s. 80.]

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