Western Australian Current Acts Western Australian Current Acts (1) A superior court
may make rules of court to regulate the practice and procedure to be followed
in the court and its registries in relation to all or particular cases that
involve the court’s criminal jurisdiction.
(2) Rules of court
made by the Supreme Court under subsection (1) operate in respect of the
practice and procedure in the District Court unless rules of court made by the
District Court under subsection (1) expressly provide otherwise.
(3) The
Supreme Court Act 1935 sections 168 and 170 apply to any such rules of court
being made by the Supreme Court.
(4) Any such rules of
court made by the District Court must be made by a majority of the District
Court judges and the District Court of Western Australia Act 1969 section 89
applies to the rules.
(5) Without limiting
subsection (1) rules of court may —
(a)
delegate to a registrar of the court any jurisdiction the court has, including
under any written law, other than the following jurisdiction —
(i)
to find a person guilty or not guilty of an offence;
(ii)
to discharge an accused from a charge;
(iii)
to consent to the discontinuance of a charge in a case
where the accused does not consent to the discontinuance;
(iv)
to stay a prosecution;
(v)
to set aside a committal;
(vi)
to find a person guilty of a contempt of the court;
(b)
prescribe forms to be used in the court;
(c)
authorise the chief judicial officer of the court to approve forms to be used
in the court.
(6) A person
dissatisfied by a decision made by a registrar of the court under jurisdiction
delegated under subsection (5)(a) may appeal to a judge of the court.
(7) An appeal cannot
be commenced more than 21 days after the date of the registrar’s
decision, unless a judge of the court gives leave to do so.
(8) The appeal must be
conducted in accordance with the rules of court.
(9) The appeal is to
be by way of a new hearing of the issue that was before the registrar.
[Section 124 amended: No. 43 of 2012 s. 4.]