Western Australian Current Acts

CRIMINAL PROCEDURE ACT 2004 - SECT 56

56 .         Conviction of absent accused, sentencing procedure on

        (1)         This section applies if under section 51 or 55 a court convicts an accused of a charge in the accused’s absence.

        (2)         If the court, though not required by law to disqualify the accused from holding or obtaining a licence under a written law, intends to do so, then —

            (a)         if at the time of the conviction the accused is already so disqualified, the court may make an order in the accused’s absence that disqualifies the accused from holding or obtaining the licence; or

            (b)         if at the time of the conviction the accused is not already so disqualified, the court may either —

                  (i)         make an order in the accused’s absence that disqualifies the accused from holding or obtaining the licence and that comes into operation 7 days after the date of the order; or

                  (ii)         under the Sentencing Act 1995 section 14, compel the accused to appear before the court so that such an order can be made in the accused’s presence.

        (3)         The court must not, under subsection (2)(b)(ii), issue a warrant for the accused’s arrest under the Sentencing Act 1995 section 14 unless the court has first issued a summons under that section to the accused and the court is satisfied that either —

            (a)         the summons has not been able to be served after reasonable efforts; or

            (b)         the accused has not obeyed the summons.