Western Australian Current Acts Western Australian Current Acts (1) A prosecution
notice must be lodged with the court in which the prosecution is being
commenced —
(a) if
the accused is in custody or is on bail, as soon as practicable after it is
signed by the prosecutor;
(b) if
an arrest warrant has been issued for the accused in relation to the notice,
as soon as practicable after the accused is arrested under the warrant;
(c) in
any other case —
(i)
as soon as practicable after the accused is served with a
summons or court hearing notice in relation to the prosecution notice; and
(ii)
in any event, at least 3 working days before the court
date stated in the summons or court hearing notice,
together with a copy
of the summons or court hearing notice.
(2) A prosecution
notice must be lodged in a manner prescribed by rules of court.
(3) A prescribed court
officer may refuse to accept the lodgment of a prosecution notice if the
prosecutor is not a person who can commence the prosecution or if the notice
does not comply with section 23.
(4) Section 184
applies to and in relation to a decision made under subsection (3).
(5) If under
section 184 the court sets aside the officer’s decision, the prosecution
notice is to be taken to have been lodged on the day on which the officer
refused to accept its lodgment.