Western Australian Current Acts Western Australian Current Acts (1) This section
applies if an accused is an individual.
(2) If a court dealing
with a charge against an accused is satisfied that the accused’s
presence is needed, the court may compel the accused to appear before the
court —
(a) by
issuing a summons to the accused; or
(b) by
issuing an arrest warrant for the accused; or
(c) if
the accused is in custody, by issuing an order under the Prisons Act 1981
section 85.
(3) The power in
subsection (2) may be exercised —
(a)
whether or not a date for dealing with the charge has been set or a summons or
warrant has previously been issued under this or another section; and
(b) in
the case of an accused who is in custody pursuant to a remand warrant in
respect of the charge, to compel the accused to appear on a date prior to the
date stated in the warrant for his or her appearance.
(4) If an accused
absents himself or herself during proceedings without leave, the court may
issue an arrest warrant for the accused.
(5) Sections 31 and
32, with any necessary changes, apply respectively to and in respect of a
warrant and summons issued under this section.
[Section 139 amended: No. 20 of 2013 s. 51.]