CRIMINAL PROCEDURE ACT 2004

Western Australian Current Acts

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CRIMINAL PROCEDURE ACT 2004

TABLE OF PROVISIONS

Long Title

PART 1 -- Preliminary

1. Short title
2. Commencement
3. Terms used
4A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies

PART 2 -- Dealing with alleged offenders without prosecuting them

4. Terms used
5. Prescribed offences and modified penalties for them
6. Other matters to be prescribed by prescribed Acts
7. Authorised and approved officers
8. Issuing infringement notices
9. Form and content of infringement notices
10. Service of infringement notices
11. Terms used in s. 11 to
12. Vehicle offences, infringement notices for
13. Vehicle offences, onus of responsible person
14. Extensions of time
15. Withdrawal of infringement notices
16. Modified penalty, effect of paying
17. Modified penalty, application of

PART 3 -- Prosecutions in courts of summary jurisdiction

Division 1 -- Preliminary

18. Terms used
19. Application of this Part

Division 2 -- Commencing and discontinuing a prosecution

20. Who can commence prosecution
21. When prosecution can be commenced
22. Where prosecution may be commenced
23. Prosecution notice, formal requirements of
24. Prosecution notice, lodgment of
25. Discontinuing prosecution

Division 3 -- Notifying the accused of a prosecution

26. Accused’s general entitlement to prosecution notice
27. Accused in custody, entitlement to prosecution notice
28. Accused not in custody, procedural options
29. Corporation, procedural options
30. Summons, court hearing notice or warrant, issue of
31. Warrant for accused’s arrest, contents etc.
32. Summons to accused, contents and service of
33. Court hearing notice, contents and service of
34. Summons etc., amendment of date if not served
35. Initial disclosure by prosecutor

Division 4 -- Procedure on charge of indictable offence

36. Terms used
37. Application of this Division
38. No appearance by party
39. Initial procedure
40. Either way charges
41. Charges that are to be tried on indictment
42. Full disclosure by prosecutor
43. Administrative committals
44. Disclosure/committal hearing, procedure on
45. Committal, prosecutor’s duties after
46. Committal for sentence after conviction, procedure on
47. Committal for sentence or trial, matters to be recorded

Division 5 -- Procedure on charge of simple offence

48. Application of this Division
49. Written plea, court to advise prosecutor
50. Written plea of not guilty
51. Written plea of guilty
52. No appearance by any party and no plea received
53. No appearance by any party but plea received
54. No appearance by prosecutor
55. No appearance by accused and no plea of guilty
56. Conviction of absent accused, sentencing procedure on

Division 6 -- Procedure for dealing summarily with any charge

57. Application of this Division
58. Appearance by both prosecutor and accused, procedure on
59. Initial procedure, pleading
60. Plea of not guilty, procedure on
61. Disclosure by prosecutor
62. Disclosure by accused of certain matters in certain cases
63. Non-disclosure, consequences of
64. Issues that may be dealt with before trial
65. Trials, procedure on
66. Trial on the papers
67. Costs
68. Court must record its decision
69. Conviction and sentence, accused to be notified of

Division 7 -- Setting aside decisions made in the absence of a party

70. Term used: decision
71. Making application to set aside
72. Dealing with application to set aside
73. Court may set aside decision on its own initiative
74. Effect of decisions under s. 72 or

Division 8 -- Miscellaneous

75. Adjourning charges
76. Staying prosecution permanently
77. M Video or audio link, use of when accused in custody etc.
78. Exceptions etc., proof of in simple offences
79. Dismissing charge for want of prosecution, consequences of

PART 4 -- Prosecutions in superior courts

Division 1 -- Preliminary

80. Terms used
81. Application of this Part
82. Court may act on its own initiative etc.

Division 2 -- Commencing and discontinuing a prosecution

83. How prosecution is commenced
84. Where prosecution may be commenced
85. Indictments, formal requirements and service of
86. Accused not committed may be arrested etc.
86A. Remitting charges to summary courts
87. Discontinuing prosecution

Division 3 -- General matters

88. Accused’s presence, when required
89. Adjourning cases
90. Staying prosecution permanently
91. Accused may be required to plead at any time
92. Plea of not guilty, consequences of
93. Dealing with plea of not guilty on account of mental impairment

Division 4 -- Pre-trial matters

94. Court may order prosecutor to commence prosecution etc.
95. Disclosure by prosecutor
96. Disclosure by accused of certain matters
97. Non-disclosure, consequences of
98. Issues that may be dealt with before trial

Division 5 -- Committals for sentence

99. Unconvicted accused committed for sentence, procedure on
100. Convicted accused committed for sentence, procedure on

Division 6 -- Trial by jury

101. Application of this Division
102. When juror is sworn
103. Accused to be told of right to challenge jurors
104. Challenging jurors
105. Jurors to be sworn
106. Jury to be informed of certain matters
107. Plea of guilty after jury is sworn
108. No case to answer, judge may acquit accused
109. View by jury
110. Jury may be given records etc. to assist understanding
111. Jury not to separate or communicate with others
112. Judge to address jury before it deliberates
113. Special verdict may be required
114. Jury’s verdict to be unanimous except in some cases
115. Discharging juror
116. Discharging jury

Division 7 -- Trial by judge alone

117. Application of this Division
118. Trial by judge alone without jury may be ordered
119. Law and procedure to be applied
120. Judge’s verdict and judgment

Division 8 -- Miscellaneous

121. Sentences etc. may be stayed pending appeal
122. Incapacity of judge
123. No fees or costs
124. Rules of court

PART 5 -- Provisions applicable to any prosecution

Division 1 -- Preliminary

125. Application of PART

Division 2 -- Pleas and related matters

126. Pleas available to charges
127. Plea of no jurisdiction etc., dealing with
128. Plea of no jurisdiction etc., consequences if upheld
129. Plea of guilty, procedure on

Division 3 -- General procedural matters

130. Fitness of accused to stand trial
131. Unclear charge, court may order particulars etc.
132. Amending charges etc.
133. Separate trials, court may order
134. Separate prosecutions may be dealt with together
135. Venue, change of
136. Trial date, court may set on application of party
137. Case management powers
137A. Prosecution disclosure requirements, exceptions to
138. Disclosure requirements, orders as to
139. Accused’s appearance, court’s powers to compel
140. Accused may be excluded from proceedings
141. Video and audio links, use of

Division 4 -- Trial matters

142. Accused required to plead at start of trial
143. Opening addresses
144. Accused’s entitlement to defend charges
145. Closing addresses

Division 5 -- Judgments and related matters

146. Acquittal on account of mental impairment
147. Judgment, entry of
148. Conviction, consequences of
149. Acquittal, consequences of
150. Discharge of accused, effect of

Division 6 -- Prosecutions against corporations

151. Application of this Division
152. Corporation may appoint representative
153. Representative’s functions
154. Pleas by or on behalf of corporation
155. Compelling representative to appear

Division 7 -- Witnesses

156. Term used: attendance date
157. Privilege, claims of not prevented
158. Pre-trial statements and examinations of witnesses (Sch. 3)
159. Compelling witness to attend court
160. Arrest warrant for witness, content of
161. Witness summons, content of
162. Witness summons, service of
163. Witness summons to produce material, procedure on
164. Witnesses, securing further attendance of (Sch. 4)
165. Witness not attending, procedure on
166. Witness summons, cancelling
167. Discharging witness

Division 8 -- Miscellaneous

168. Criminal records, proof of
169. Prosecution determined by court without jurisdiction
170. Exhibits, retention of etc.
171. Court to be open, publicity
172. Representation of parties

PART 6 -- Miscellaneous

Division 1 -- Court documents

173. Unauthorised documents
174. Presumptions as to signatures
175. Service and proof of service
175A. Served documents, additional copies may be requested
176. Effect of court documents
177. Warrants, effect of and procedure on
178. Defects etc. in court documents
179. Errors in court records due to use of wrong or false name

Division 2 -- Offences

180. Liability of officers for offence by body corporate
181. Disobeying summons, offence

Division 3 -- General

182. Appointment of people to prosecute offences
183. Contempts, summary punishment of not prevented
184. Decisions by court officer, review of
185. Enforcing orders to pay money, other than fines etc.
186. Regulations
SCHEDULE 1 -- Prosecution notices and indictments
SCHEDULE 2 -- Service of documents and other things
SCHEDULE 3 -- Pre-trial statements and examinations of witnesses
SCHEDULE 4 -- Securing the further attendance of witnesses

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