Western Australian Current Acts Western Australian Current Acts (1) An authorised
investigator must not, under section 28 or 29, personally issue —
(a) a
summons unless it complies with section 32(1); or
(b) a
court hearing notice unless it complies with section 33(1),
and unless the date
stated in the summons or notice as the date when the court will deal with the
prosecution notice is a date nominated by a prescribed court officer.
(2) A JP or a
prescribed court officer to whom an application is made under section 28 or 29
must not issue —
(a) a
summons unless it complies with section 32(1); or
(b) a
court hearing notice unless it complies with section 33(1).
(3) Failure to comply
with subsection (1) or (2) does not invalidate the summons or court hearing
notice but may be grounds for adjourning the prosecution.
(4) A magistrate to
whom an application is made under section 28 for an arrest warrant for an
accused for a charge of an indictable offence must not issue the warrant
unless satisfied —
(a) that
the prosecution notice containing the charge complies with section 23; and
(b) that
there are reasonable grounds to suspect the accused committed the offence; and
(c) that
—
(i)
there are reasonable grounds to suspect that, if a
summons were issued in relation to the prosecution notice, the accused would
avoid service of the summons or would not obey the summons; or
(ii)
the issue of the warrant is justified under subsection
(5).
(4a) A magistrate to
whom an application is made under section 28 for an arrest warrant for an
accused for a charge of a simple offence must not issue the warrant unless
satisfied —
(a) that
the prosecution notice containing the charge complies with section 23; and
(b) that
there are reasonable grounds to suspect the accused committed the offence; and
(c) that
—
(i)
there are reasonable grounds to suspect that if a court
hearing notice were issued in relation to the prosecution notice, the accused
would avoid service of the court hearing notice; or
(ii)
the presence of the accused when the prosecution notice
is dealt with is likely to be necessary for any reason or for sentencing
purposes; or
(iii)
the issue of the warrant is justified under subsection
(5).
(5) The issue of an
arrest warrant for an accused is justified if —
(a)
there are reasonable grounds to suspect that if the accused were not arrested,
the accused —
(i)
would commit an offence; or
(ii)
would continue or repeat an offence charged in the
prosecution notice; or
(iii)
would endanger another person’s safety or property;
or
(iv)
would interfere with witnesses or otherwise obstruct the
course of justice, whether in relation to the accused or any other person;
or
(b) the
accused’s whereabouts are not known to the prosecutor; or
(c) the
accused is the subject of another warrant for his or her arrest, whether under
this Act or otherwise; or
(d) for
any other reason the magistrate is satisfied the issue of the warrant is
justified.
(6) An arrest warrant
for an accused may be issued even if —
(a) a
summons or court hearing notice has been issued, or served on the accused; or
(b) the
prosecution notice alleges an offence the statutory penalty for which is not
or does not include imprisonment.
(7) Section 184
applies to and in relation to a prescribed court officer’s decision made
under subsection (3) to refuse to issue a summons or court hearing notice.
(8) If under
section 184 the court sets aside the officer’s decision, it may issue a
summons or court hearing notice to the accused.
[Section 30 amended: No. 59 of 2006 s. 42.]