Western Australian Current Acts

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CRIMINAL PROCEDURE ACT 2004 - SECT 172

172 .         Representation of parties

        (1)         A party to a case is personally entitled to appear before the court in order to present and conduct the party’s case and to call, examine, cross-examine and re-examine witnesses.

        (2)         The entitlements in subsection (1) are subject to the powers of the court in the Evidence Act 1906 to control the questioning of witnesses.

        (3)         Unless this Act or another written law expressly provides otherwise, any entitlement of a party under this Act may be performed —

            (a)         on a prosecutor’s behalf in a court of summary jurisdiction —

                  (i)         if the prosecutor is the State or a police officer acting in the course of duty, by a police officer acting in the course of duty; or

                  (ii)         if the prosecutor is acting for or on behalf of a public authority, by an officer or employee of the public authority acting in the course of duty,

                despite the Legal Profession Uniform Law (WA) ;

            (b)         on any party’s behalf in any court —

                  (i)         by a legal practitioner; or

                  (ii)         with the court’s leave, by a person who is undertaking practical legal training (as defined in the Legal Profession Uniform Law (WA) section 6(1)); or

                  (iii)         with the court’s leave, by a person who is neither a legal practitioner nor a person referred to in subparagraph (ii).

        (4)         The court may only give leave under subsection (3)(b)(iii) in exceptional circumstances.

        (5)         A person who, having been given leave under subsection (3)(b)(iii), performs any act referred to in subsection (1) or (3) on behalf of a party is not entitled to claim, receive or recover, directly or indirectly, money or other remuneration for doing so.

        [Section 172 amended: No. 21 of 2008 s. 657(10); No. 20 of 2013 s. 52; No. 9 of 2022 s. 424.]

        [Section 172. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009. See endnote 1M.]



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