Western Australian Current Acts

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CRIMINAL PROCEDURE ACT 2004 - SECT 33

33 .         Court hearing notice, contents and service of

        (1)         A court hearing notice must —

            (a)         be in a prescribed form; and

            (b)         if issued in the first instance, form part of or be attached securely to a copy of the prosecution notice to which it relates; and

            (c)         if issued after the accused has been served with the prosecution notice, identify the prosecution notice or the charge or charges in it or be attached securely to a copy of it; and

            (d)         state where and when the prosecution notice will be dealt with by the court; and

            (e)         contain the information required by subsection (2); and

            (f)         contain any information prescribed; and

            (g)         be signed —

                  (i)         if it is being issued by an authorised investigator, by the investigator; or

                  (ii)         if it is being issued by a JP or a prescribed court officer, by the JP or officer.

        (2)         A court hearing notice must inform the accused —

            (a)         that the accused need not appear at the time when the prosecution notice to which it relates will be dealt with by the court; and

            (b)         that the accused may give the court written notice that the accused —

                  (i)         pleads guilty to one or more of the charges in the prosecution notice;

                  (ii)         pleads not guilty to one or more of the charges in the prosecution notice;

                and

            (c)         that if the accused pleads guilty in writing to a charge the accused may also, in writing —

                  (i)         explain why the accused committed the offence;

                  (ii)         provide information to the court that it may use when imposing a sentence for the offence;

                and

            (d)         that if the accused, in writing, pleads guilty or not guilty to a charge and does not appear, the charge may be dealt with in the accused’s absence; and

            (e)         that if the accused does not enter a written plea to a charge in the prosecution notice and does not appear, the charge may be dealt with in the accused’s absence.

        (3)         A court hearing notice issued to an accused must be served on the accused in accordance with Schedule 2 clause 2, 3 or 4.

        [Section 33 amended: No. 6 of 2017 s. 7(2).]



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