Western Australian Current Acts

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CRIMINAL PROCEDURE ACT 2004 - SECT 66

66 .         Trial on the papers

        (1)         A court may —

            (a)         if a plea of not guilty is entered to a charge, determine the charge; or

            (b)         if a plea referred to in section 126(1)(a), (b) or (c) is entered to a charge, decide the issues raised by the plea,

                on the evidence contained in documents lodged with the court by the prosecutor and the accused if —

            (c)         the accused requests the court to do so; and

            (d)         the prosecutor consents to the court doing so; and

            (e)         both the accused and the prosecutor agree on which of the documents they have lodged the court is to consider to determine the charge or to decide the issues; and

            (f)         the court is satisfied that it is in the interests of justice to do so.

        (2)         The court must admit into evidence any document on which the parties have agreed under subsection (1)(e).

        (3)         The court must allow both parties to make oral or written submissions to the court on the charge or issues.



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