Western Australian Current Acts

CRIMINAL PROCEDURE ACT 2004 - SECT 22

22 .         Where prosecution may be commenced

        (1)         The court in which a prosecution of a person for an indictable offence is commenced must be a court that has jurisdiction over the person, notwithstanding that the court does not or may not have jurisdiction to determine a charge of the offence.

        (2)         The court in which a prosecution of a person for a simple offence is commenced must be a court that has —

            (a)         jurisdiction over the person; and

            (b)         jurisdiction to determine a charge of the offence.

        (3)         A prosecution may be commenced in any registry of a court referred to in subsection (1) or (2) unless the court’s rules of court provide otherwise.

        (4)         If a prosecution is commenced in a court that does not have jurisdiction as required by subsection (1) or (2), the court may send the prosecution to a court that does have such jurisdiction.

        (5)         A prosecution that is sent to another court under subsection (4) is to be taken to have been commenced in the other court on the day on which it was commenced in the first court.

        (6)         This section does not affect the operation of Part 4 Division 2.