Western Australian Current Acts

CRIMINAL PROCEDURE ACT 2004 - SECT 58

58 .         Appearance by both prosecutor and accused, procedure on

        (1)         This section applies if on the first court date, or any new court date set under section 75, for a charge —

            (a)         both the prosecutor and the accused appear; and

            (b)         if the charge is of a simple offence, the court has not received a written plea to the charge by the accused.

        (2)         If the date is the first court date for the prosecution notice, the court may only hear and determine the charge if the prosecutor consents but otherwise it must adjourn the charge.

        (3)         Subject to subsection (2), the court must proceed to deal with the charge in accordance with this Division.