Western Australian Current Acts

CRIMINAL PROCEDURE ACT 2004 - SECT 45

45 .         Committal, prosecutor’s duties after

        (1)         In this section, unless the contrary intention appears —

        confessional material has the meaning given by section 42;

        evidentiary material has the meaning given by section 42.

        (2)         Within the prescribed period after an accused is committed for sentence under section 41(3) on a charge, the prosecutor must give the relevant authorised officer —

            (a)         a copy of the written statement of material facts last served on the accused under section 35; and

            (b)         any confessional material of the accused that is relevant to the charge; and

            (c)         a copy of the accused’s criminal record; and

            (d)         a certificate under subsection (5).

        (3)         Within the prescribed period after an accused is committed for sentence or trial under section 43(5) or 44(1)(a)(ii) on a charge, the prosecutor must give the relevant authorised officer —

            (a)         a copy of the written statement of material facts last served on the accused under section 35; and

            (b)         any confessional material of the accused that is relevant to the charge; and

            (c)         any evidentiary material that is relevant to the charge, including any thing referred to in section 42(2); and

            (d)         anything that has been served on the accused under section 42(6); and

            (e)         a copy of the accused’s criminal record; and

            (f)         a certificate under subsection (5).

        (4)         If at any time after a prosecutor complies with subsection (3) the prosecutor, under section 42(6), serves anything on the accused, the prosecutor must give the thing or a copy of it to the relevant authorised officer as soon as practicable.

        (5)         The certificate required by subsection (2) or (3) must —

            (a)         be signed by a person who was involved in, and has knowledge of, the investigation of the charge; and

            (b)         certify that —

                  (i)         section 35 and, if the case requires, section 42 have been complied with; and

                  (ii)         the relevant authorised officer is being given a copy of all confessional material and evidentiary material that is relevant to the charge and that has been served on or made available to the accused under this Part;

                and

            (c)         state the person’s grounds for so certifying and any inquiries made by the person before so certifying, where inquiry has been necessary; and

            (d)         contain any information prescribed.

        (6)         A person who knowingly or without reasonable diligence signs or authenticates a certificate under this section that is false in a material particular commits an offence.

        Penalty: $5 000.

        [Section 45 amended: No. 20 of 2013 s. 50.]