Western Australian Current Acts

CRIMINAL PROCEDURE ACT 2004 - SECT 60

60 .         Plea of not guilty, procedure on

        (1)         In this section and sections 61 and 62, unless the contrary intention appears —

        listed simple offence means a simple offence that is prescribed to be a listed simple offence for the purposes of this section.

        (2)         This section applies if an accused pleads not guilty to —

            (a)         an either way charge that is to be dealt with summarily; or

            (b)         a charge of a simple offence, whether orally or by means of a written plea,

                and the court does not discharge the accused under section 128(2) or (3).

        (3)         In the case of an either way charge, the court must adjourn the charge to a new court date that allows a reasonable time for —

            (a)         the prosecutor to comply with section 61; and

            (b)         the accused to comply with section 62.

        (4)         In the case of a charge of a listed simple offence, the court —

            (a)         may order the accused to comply with section 62; and

            (b)         in any event must adjourn the charge to a new court date that allows a reasonable time for —

                  (i)         the prosecutor to comply with section 61; and

                  (ii)         the accused to comply with section 62 if ordered to do so under paragraph (a).

        (5)         In the case of a charge of any other simple offence, the court —

            (a)         may order the prosecutor to serve the accused with any confessional material (as defined in section 42(1)) of the accused that is relevant to the charge and that the accused has not already received from the prosecutor; and

            (b)         if it makes an order under paragraph (a), may also order the prosecutor to comply with section 61; and

            (c)         in any event must adjourn the charge to a new court date that allows a reasonable time for the prosecutor to comply with any order made under paragraph (a) or (b).

        (6)         The new court date to which a charge is adjourned under subsection (3), (4) or (5) may be the date for the trial of the charge or some date prior to that date, as the court decides.

        (7)         On the date for the trial of the charge, the court may proceed to conduct a trial of the charge if all parties appear but otherwise may proceed under section 53, 54 or 55, as the case requires.