Western Australian Current Acts

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           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.     Plea of not guilty on account of unsoundness of mind, dealing with

           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.    Mental 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 unsoundness of mind
   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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