Western Australian Current Acts Western Australian Current Acts (1) In this section,
unless the contrary intention appears —
court document means a prosecution notice,
indictment, summons, court hearing notice, section 155 notice, witness
summons, warrant, or an order or other document issued by a court in a case.
(2) Any objection by
an accused to a prosecution notice or indictment on the ground that it is
defective must be made before the prosecutor’s opening address.
(3) If a court
document is defective in substance or form, the court, on an application by a
party or on its own initiative —
(a) must
order that the document be corrected if the defect is not material to the
merits of the case;
(b) may
order that the document be corrected in any other case.
(4) If a court makes
an order under this section —
(a) the
court document must be amended accordingly by the court or some person ordered
to do so by the court; and
(b) each
party is entitled to a copy of the amended court document; and
(c) the
court may adjourn the case.
(5) This section is in
addition to and does not affect the operation of section 132.