Western Australian Current Acts Western Australian Current Acts (1) This section
applies if on a court date for a charge the prosecutor appears and the court
has received a written plea of guilty to the charge by the accused.
(2) If the written
plea of guilty purports to be signed by the accused or on the accused’s
behalf by a legal practitioner or, if the accused is a corporation, by a
representative appointed under section 152, it is admissible in evidence
without proof that it was so signed, in the absence of evidence to the
contrary.
(3) On or as soon as
practicable after the court date the court must hear and determine the charge
as if the accused had pleaded guilty to the charge in person before the court.
(4) Except as provided
in subsection (5A), the hearing under subsection (3) may be conducted in the
absence of the accused or, if the accused appears voluntarily or pursuant to a
summons or warrant issued under section 139 or a representative of the accused
appears pursuant to a section 155 notice, in the presence of the accused.
(5A) On the hearing
under subsection (3) of a charge under the
High Risk Serious Offenders Act 2020 section 80(1) the accused is required to
appear before the court —
(a) in
person; or
(b) by
means of a video link or audio link in accordance with section 77 or 141.
(5) Despite subsection
(3), if the court, having considered any thing said by the accused to the
court, whether orally or in writing, considers —
(a) that
the accused may have a defence to the charge; or
(b) that
the accused’s version of the material facts of the charge differs
materially from those in the prosecution notice or stated by the prosecutor to
the court,
the court must —
(c)
strike out the written plea of guilty to the charge; and
(d)
adjourn the charge to a new court date; and
(e)
issue to the accused both —
(i)
a court hearing notice that states the new court date;
and
(ii)
an approved notice that explains why the charge has not
been dealt with.
(6) An accused who has
entered a written plea to a charge may notify the court before the charge is
dealt with under subsection (3) that the accused wants to withdraw the plea.
(7) If the court is
notified under subsection (6) before the court date for the charge, the court
must advise the prosecutor of it as soon as practicable.
(8) If the court is
notified under subsection (6), then on the court date for the charge, the
court, despite subsection (3), must strike out the guilty plea and enter a
plea of not guilty on the accused’s behalf and —
(a) if
the accused does not appear on that date, may hear and determine the charge
under section 55(4) or Division 6 in the absence of the accused if —
(i)
the court is satisfied that the accused has been served
under this Act with the prosecution notice containing the charge and either a
summons, or a court hearing notice, notifying the accused of that date; and
(ii)
the prosecutor appears and consents;
(b)
otherwise, must —
(i)
adjourn the charge to a new court date; and
(ii)
issue an approved notice to both the prosecutor and the
accused advising them of that date.
(9) The approved
notice must be served on the accused in accordance with Schedule 2 clause 2, 3
or 4.
(10) On the new court
date to which a charge is adjourned under subsection (5)(d) or (8)(b)(i) the
court must proceed in accordance with section 52, 53, 54 or 55 or Division 6,
as the case requires.
[Section 51 amended: No. 21 of 2008 s. 657(6); No.
17 of 2016 s. 46; No. 29 of 2020 s. 98.]