Western Australian Current Acts

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CRIMINAL PROCEDURE ACT 2004 - SECT 181

181 .         Disobeying summons, offence

        (1)         If an accused, without a reasonable excuse, does not obey a summons that has been served on the accused in accordance with section 32(2), the accused commits an offence.

        Penalty: a fine of $12 000 or imprisonment for 12 months.

        (2)         If a person, without a reasonable excuse, does not obey a witness summons that has been served on the person in accordance with section 162, the witness commits an offence.

        Penalty:

            (a)         for an individual, a fine of $12 000 or imprisonment for 12 months;

            (b)         for a corporation, a fine of $60 000.

        (3)         A prosecution for an offence under this section may be commenced at any time.

        (4)         A court that convicts a person of an offence under this section may, in addition to the sentence it imposes, order the person to pay a sum set by the court in or towards meeting any costs and expenses that were incurred in arresting and bringing the person before the court after his or her failure to appear or attend as required by the summons.

        (5)         An order made under subsection (4) —

            (a)         must specify how and to whom the sum is to be paid; and

            (b)         may be enforced as if the sum were a fine imposed for an offence.



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