Western Australian Current Acts

CRIMINAL PROCEDURE ACT 2004 - SECT 128

128 .         Plea of no jurisdiction etc., consequences if upheld

        (1)         If a court finds, whether or not on a plea by the accused, that it does not have jurisdiction to deal with an accused or a charge, the court must send the charge to a court that does have jurisdiction to deal with the accused and the charge.

        (2)         If a court upholds a plea to a charge entered by an accused under section 126(1)(b) it must enter judgment accordingly and discharge the accused from the charge without convicting or acquitting the accused.

        (3)         If a court upholds a plea to a charge entered by an accused under section 126(1)(c) it must enter judgment accordingly and discharge the accused from the charge without convicting or acquitting the accused.