Western Australian Current Acts

CRIMINAL PROCEDURE ACT 2004 - SECT 74

74 .         Effect of decisions under s. 72 or 73

        (1)         If under section 72 or 73 a court sets aside a conviction —

            (a)         any sentence imposed or other order made as a result of the conviction is set aside; and

            (b)         any action to enforce the conviction must cease and the accused, if then in custody for non payment of any sum of money ordered to be paid as a result of the conviction, must be released; and

            (c)         if as a result of the conviction the accused was disqualified from holding or obtaining a licence under a written law, the court must notify the person responsible for issuing the licence of the fact that the disqualification is set aside; and

            (d)         any licence suspension order made under the Fines, Penalties and Infringement Notices Enforcement Act 1994 Part 4 in respect of any fine imposed as a result of the conviction is to be taken as having been cancelled —

                  (i)         in the case of an application made under section 71(2)(a) or (b), as at the time the licence suspension order was made; or

                  (ii)         in the case of an application made under section 71(2)(c), as at the time the application was made; or

                  (iii)         if the conviction is set aside under section 73, as at the time the licence suspension order was made,

                unless the court orders otherwise.

        (2)         If a court grants an application made under section 71(3) and the application made under 71(2) is subsequently refused —

            (a)         the order suspending the disqualification ceases to have effect; and

            (b)         any period during which the disqualification was suspended must not be taken into account in calculating the period of the disqualification.

        (3)         If under section 72 or 73 a court orders that a charge be dealt with again, the court —

            (a)         may deal with the charge again immediately if the parties consent; but

            (b)         otherwise, must set a court date when the charge will be dealt with again and may make any orders and issue any documents that are necessary as a consequence.

        (4)         The court that deals with a charge again as a result of an order made under section 72 or 73 need not be constituted by the same person or persons who constituted the court that made the order or the decision to which the application relates.