Western Australian Current Acts Western Australian Current Acts (1) In this section,
unless the contrary intention appears —
confessional material has the meaning given by
section 42;
evidentiary material has the meaning given by
section 42;
lodge means to lodge with the superior court
concerned;
serve , an accused, means to serve the accused in
accordance with Schedule 2 clause 2, 3 or 4.
(2) A requirement
under this section to serve evidentiary material includes a requirement to
serve the things that are required to be served under section 42(2).
(3) The operation of
this section is subject to section 137A and any order made under section 138,
whether in relation to a requirement of this section or a requirement of
section 35 or 42.
(4) This section does
not affect the operation of the Criminal Investigation Act 2006 section 117.
(5) Within the
prescribed period after an accused is committed for sentence on a charge, the
relevant authorised officer must lodge the following and, if any of the
following has not already been served on or received by the accused, serve the
accused with it —
(a) a
statement of the material facts of the charge;
(b) any
confessional material of the accused that is relevant to the charge;
(c) a
copy of the accused’s criminal record;
(d) a
copy of the certificate given to the officer under section 45;
(e) any
other document that is prescribed.
(6) Within the
prescribed period after an accused is committed for trial on a charge, the
relevant authorised officer must lodge the following and, if any of the
following has not already been served on or received by the accused, serve the
accused with it —
(a) a
statement of the material facts of the charge;
(b) any
confessional material of the accused that is relevant to the charge;
(c) any
evidentiary material that is relevant to the charge;
(d) a
copy of the accused’s criminal record;
(e) a
copy of the certificate given to the officer under section 45;
(f) any
other document that is prescribed.
(7) If an accused is
committed for sentence or trial and the indictment contains a charge on which
the accused was not so committed, the prosecutor, within the prescribed period
after the indictment is lodged, must lodge and serve the following and, if any
of the following has not already been served on or received by the accused,
serve the accused with it —
(a) a
statement of the material facts of the charge;
(b) any
confessional material of the accused that is relevant to the charge;
(c) any
evidentiary material that is relevant to the charge;
(d) a
copy of the accused’s criminal record;
(e) any
other document that is prescribed.
(8) If an indictment
is lodged against a person who, when it is lodged, is not committed to the
court for trial or sentence, the prosecutor, within the prescribed period
after it is lodged, must lodge and serve —
(a) a
statement of the material facts of each charge in the indictment; and
(b) any
confessional material of the accused that is relevant to each such charge; and
(c) any
evidentiary material that is relevant to each such charge; and
(d) a
copy of the accused’s criminal record; and
(e) any
other document that is prescribed.
(9) If, after
complying with subsection (6), (7) or (8) and before a charge is finally dealt
with, a prosecutor receives or obtains —
(a)
confessional material or additional confessional material that is relevant to
the charge; or
(b)
additional evidentiary material that is relevant to the charge; or
(c) any
statement or recording referred to in section 42(2)(b); or
(d) the
name or address of a person described in section 42(2)(c),
the prosecutor must
lodge it or a copy of it, and serve it or a copy of it on the accused, as soon
as practicable.
[Section 95 amended: No. 59 of 2006 s. 46; No. 5
of 2008 s. 44.]