Western Australian Current Acts Western Australian Current Acts[s. 164]
In this Schedule,
unless the contrary intention appears —
relevant court , in relation to a charge, means
—
(a) if
the accused is committed to a superior court in relation to the charge, or if
an indictment containing the charge is lodged in a superior court, the
superior court;
(b)
otherwise, the court of summary jurisdiction in which the accused is charged;
witness undertaking means a written undertaking
entered into by a witness in accordance with an order made under clause 2(4).
2 . Witness may be imprisoned until trial
(1) When a witness in
relation to a charge attends a court (whether or not having been arrested) the
court may order that the witness be imprisoned until released at the trial of
the charge by the relevant court.
(2) A court must not
make an order under subclause (1) unless satisfied that —
(a) the
witness is likely to be able to give oral evidence, or to produce a record or
thing, that is relevant to the case; and
(b)
there are reasonable grounds to suspect that the witness would not obey a
witness summons if served with it.
(3) If a court makes
an order under subclause (1) the court must issue a warrant for the
witness’s imprisonment.
(4) If an order is
made under subclause (1), the relevant court may order that the witness be
released before the trial of the case concerned if —
(a) he
or she enters into a written undertaking to attend at the trial of the case or
at some other date set by the court —
(i)
to give oral evidence; or
(ii)
to produce to the court a record or thing specified in
the order;
and
(b) any
order made under subclause (5) is complied with.
(5) For the purposes
of ensuring a witness attends in accordance with his or her undertaking or in
the meantime does not obstruct, prevent, pervert or defeat the course of
justice, a court that makes an order under subclause (4) may make an order
that requires any or all of the following —
(a) the
witness to agree in his or her witness undertaking —
(i)
to forfeit a sum of money specified in the order if the
witness does not attend in accordance with his or her undertaking;
(ii)
to do or not to do anything specified by the court;
(b) the
witness to deposit with the court as a security —
(i)
the sum of money specified under paragraph (a)(i);
(ii)
a record or thing and the means by which it can be
realised if the witness does not attend in accordance with his or her
undertaking;
(c) one
or more sureties to each enter into a surety undertaking under which he or she
agrees to forfeit a sum of money specified in the order if the witness does
not attend in accordance with the witness’s undertaking;
(d) one
or more sureties to deposit with the court as a security —
(i)
the sum of money specified under paragraph (c);
(ii)
a record or thing and the means by which it can be
realised if the witness does not attend in accordance with the witness’s
undertaking.
(6) On the application
of the witness or on its own initiative, the relevant court may at any time
cancel a warrant to imprison a witness or amend or cancel an order made under
subclause (4) or (5).
(7) If a witness is no
longer required to give oral evidence or to produce a record or thing, the
relevant court must cancel the warrant to imprison the witness and make any
consequential orders needed in relation to any thing done under an order made
under subclause (5).
3 . Witness undertakings, provisions about
(1) A witness
undertaking may be entered into before the judicial officer who made the order
requiring the undertaking or any person referred to in the Bail Act 1982
section 29.
(2) The person before
whom a witness undertaking is entered into must comply with the Bail Act 1982
section 30 which applies, with any necessary changes, as if the witness were
an accused and the witness undertaking were a bail undertaking.
(3) The Bail Act 1982
sections 31, 31A and 32 apply, with any necessary changes, in relation to a
witness undertaking as if the witness were an accused and the witness
undertaking were a bail undertaking.
(4) If the party that
applied for a witness summons or an arrest warrant for a witness, or a police
officer, has reasonable grounds to believe that the witness —
(a) will
not attend in accordance with a witness undertaking that the witness has made;
or
(b) has
contravened such a witness undertaking,
the party or police
officer may apply to the relevant court for an arrest warrant for the witness.
(5) If the relevant
court is satisfied there are reasonable grounds for the belief of the party or
police officer, the court may issue an arrest warrant for the witness.
(6) When the witness
is brought before the relevant court under the arrest warrant, the court may
make an order under this Schedule or order the witness to be released from
custody.
[Clause 3 amended: No. 6 of 2008 s. 45(2); No. 47
of 2011 s. 15.]
4 . Witness undertaking, contravention of
(1) A witness who,
without a reasonable excuse, contravenes his or her witness undertaking
commits an offence.
Penalty: a fine of $12 000 or imprisonment for 12
months.
(2) Section 181(3),
(4) and (5), with any necessary changes, apply in relation to an offence under
subclause (1).
(3) The Bail Act 1982
sections 51A, 52 and 53 apply, with any necessary changes, in relation to an
offence under subclause (1), a witness, and a witness undertaking, in the same
way as they apply respectively in relation to an offence under section 51(1)
of that Act, an accused, and a bail undertaking.
(4) If a witness is
convicted of an offence under subclause (1), the Bail Act 1982 section 57
applies, with any necessary changes, in relation to the witness, and the
witness undertaking, in the same way as it applies respectively in relation to
an accused, and a bail undertaking.
[Clause 4 amended: No. 6 of 2008 s. 45(3); No. 47
of 2011 s. 15.]
5 . Surety undertakings, application of Bail Act
provisions to
The Bail Act 1982 Part
VI (other than section 35(1)) applies, with any necessary changes, in relation
to any surety undertaking required by an order made under clause 2(5)(c) in
the same way as it applies in relation to a surety undertaking required by a
grant of bail under that Act.
6 . Application of other Bail Act provisions
The Bail Act 1982
sections 60, 62, 64 and 65 apply, with any necessary changes, in relation to a
witness, a surety required under an order made under clause 2(5), and a
witness undertaking, in the same way as they apply respectively in relation to
an accused, a surety required by a grant of bail under that Act, and a bail
undertaking.
[Clause 6 amended: No. 47 of 2011 s. 15.]
This is a compilation of the Criminal Procedure Act 2004 and includes
amendments made by other written laws. For provisions that have come into
operation, and for information about any reprints, see the compilation table.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
71 of 2004 |
8 Dec 2004 |
s. 1 and 2: 8 Dec 2004; | |
|
Criminal Investigation (Consequential Provisions) Act 2006 Pt. 8 |
59 of 2006 |
16 Nov 2006 |
1 Jul 2007 (see s. 2 and Gazette 22 Jun 2007 p. 2838) |
|
Criminal Law and Evidence Amendment Act 2008 Pt. 3 |
2 of 2008 |
12 Mar 2008 |
27 Apr 2008 (see s. 2 and Gazette 24 Apr 2008 p. 1559) |
|
Acts Amendment (Justice) Act 2008 Pt. 9 |
5 of 2008 |
31 Mar 2008 |
30 Sep 2008 (see s. 2(d) and Gazette 11 Jul 2008 p. 3253) |
|
Bail Amendment Act 2008 s. 45 |
6 of 2008 |
31 Mar 2008 |
1 Mar 2009 (see s. 2(b) and Gazette 27 Feb 2009 p. 511) |
|
Legal Profession Act 2008 s. 657 |
21 of 2008 |
27 May 2008 |
1 Mar 2009 (see s. 2(b) and Gazette 27 Feb 2009 p. 511) |
|
Criminal Law Amendment (Homicide) Act 2008 s. 30 |
29 of 2008 |
27 Jun 2008 |
1 Aug 2008 (see s. 2(d) and Gazette 22 Jul 2008 p. 3353) |
|
Reprint 1: The Criminal Procedure Act 2004 as at 2 Jan 2009 (includes
amendments listed above except those in the Bail Amendment Act 2008 and the
Legal Profession Act 2008 ) | |||
|
Juries Legislation Amendment Act 2011 Pt. 2 Div. 1 and Pt. 3 Div. 2 |
13 of 2011 |
2 May 2011 |
1 Jul 2011 (see s. 2(b) and Gazette 30 Jun 2011 p. 2613) |
|
Statutes (Repeals and Minor Amendments) Act 2011 s. 15 |
47 of 2011 |
25 Oct 2011 |
26 Oct 2011 (see s. 2(b)) |
|
Road Traffic Legislation Amendment Act 2012 Pt. 4 Div. 15 |
8 of 2012 |
21 May 2012 |
27 Apr 2015 (see s. 2(d) and Gazette 17 Apr 2015 p. 1371) |
|
Courts Legislation Amendment Act 2012 Pt. 2 |
43 of 2012 |
22 Nov 2012 |
30 Jan 2013 (see s. 2(b) and Gazette 29 Jan 2013 p. 323) |
|
Reprint 2: The Criminal Procedure Act 2004 as at 24 May 2013 (includes
amendments listed above except those in the Road Traffic Legislation Amendment
Act 2012 Pt. 4 Div. 15) | |||
|
Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 3 Div.
8 |
20 of 2013 |
4 Nov 2013 |
25 Nov 2013 (see s. 2(b) and Gazette 22 Nov 2013 p. 5391) |
|
Reprint 3: The Criminal Procedure Act 2004 as at 11 Mar 2016 (includes
amendments listed above) | |||
|
30 of 2015 |
2 Nov 2015 |
1 Jul 2016 (see s. 2(b) and Gazette 24 Jun 2016 p. 2291-2) | |
|
Dangerous Sexual Offenders Legislation Amendment Act 2016 Pt. 3 |
17 of 2016 |
11 Jul 2016 |
10 Sep 2016 (see s. 2(b) and Gazette 9 Sep 2016 p. 3871) |
|
Statutes (Minor Amendments) Act 2017 s. 7 |
6 of 2017 |
12 Sep 2017 |
13 Sep 2017 (see s. 2(b)) |
|
High Risk Serious Offenders Act 2020 Pt. 9 Div. 2 |
29 of 2020 |
9 Jul 2020 |
26 Aug 2020 (see s. 2(1)(c) and SL 2020/131 cl. 2) |
|
COVID-19 Response and Economic Recovery Omnibus Act 2020 Pt. 6 Div. 3 |
34 of 2020 |
11 Sep 2020 |
12 Sep 2020 (see s. 2(b)) |
|
9 of 2022 |
14 Apr 2022 |
1 Jul 2022 (see s. 2(c) and SL 2022/113 cl. 2) | |
|
Sentencing Legislation Amendment (Persons Linked to Terrorism) Act 2022 Pt. 4 |
14 of 2022 |
18 May 2022 |
11 Nov 2022 (see s. 2(b) and SL 2022/182 cl. 2) |
|
Criminal Appeals Amendment Act 2022 Pt. 3 Div. 2 |
18 of 2022 |
24 Jun 2022 |
1 Jan 2023 (see s. 2(b) and SL 2022/212 cl. 2) |
|
Directors’ Liability Reform Act 2023 Pt. 3 Div. 17 |
9 of 2023 |
4 Apr 2023 |
5 Apr 2023 (see s. 2(j)) |
|
Criminal Law (Mental Impairment) Act 2023 Pt. 15 Div. 9 and s. 409 and 412 |
10 of 2023 |
13 Apr 2023 |
1 Sep 2024 (see s. 2(b) and SL 2024/175 cl. 2) |
1M Under the Cross-border Justice Act 2008 section
14, in order to give effect to that Act, this Act must be applied with the
modifications prescribed by the Cross-border Justice Regulations 2009 Part 3
Division 10 as if this Act had been altered in that way. If a modification is
to replace or insert a numbered provision, the new provision is identified by
the superscript 1M appearing after the provision number. If a modification is
to replace or insert a definition, the new definition is identified by the
superscript 1M appearing after the defined term.
2M The
COVID-19 Response and Economic Recovery Omnibus Act 2020 Part 4 Division 4
Subdivison 2 modifies section 77 of the Act. The modified section is
identified by the superscript 2M appearing after the section number. The
modification ceases to have effect when section 46(1) of that Act ceases to
have effect.
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
accused
3(1)
acquit 3(1)
adjourn
18
alibi evidence 62(1),
96(1)
alleged offender 4
approved notice
3(1)
approved officer 4
arrest warrant 3(1)
attendance date
156
audio link 3(1)
authenticate
3(1)
authorised investigator
18
authorised officer 4, 80(1)
authorised
person 20(1)
bail documents
36
case 3(1)
charge
3(1)
charge A 83(4)
committed
80(1)
community order 121(1)
confessional material 35(1), 42(1), 45(1), 61(1),
95(1)
convict 3(1)
convicted person
121(1)
corporation 3(1)
corresponding law 11(1)
court
3(1), 18, Sch. 1 cl. 11(1)
court date 18
court document 176(1), 178(1)
court hearing notice
3(1)
court of summary jurisdiction
3(1)
courtroom 3(1)
current licence
holder 11(1)
deal with
3(1)
decision 70
detainee
177(7)
determine 3(1)
disclosure
requirement 63(1), 97(1), 138(1)
disclosure/committal hearing 36
document
3(1)
DPP 3(1)
either way
charge 3(1)
electronic recording
3(1)
evidentiary material 42(1),
45(1), 61(1), 95(1)
exception 78(1)
expert
evidence material 62(1), 96(1)
first court date
18
indictable charge
3(1)
indictable offence 3(1)
indictment
3(1)
jurisdictional error
169(1)
licensed 11(1)
listed simple offence
60(1)
lodge 95(1), 96(1)
lower court 99(1)(a)
magistrate
3(1)
maker Sch. 3 cl. 4(3)(a) and
(4)(a)
named person Sch. 2 cl. 2(2), 3(2)and 4(2)
new court date 75(4)(a)
new time
75(4)(a)
offence 3(1)
party
3(1)
payment order 185(1)
police prosecutor 35(1)
post
3(1)
prescribed 18, 80(1)
prescribed Act
4
prescribed court officer
3(1)
prescribed offence 4
prescribed public
authority 18
prescribed simple offence
35(1)
proceedings 88(1),
171(1)
prosecution 3(1)
prosecution notice
3(1)
prosecutor 3(1)
public
authority 3(1)
receiving
Sch. 1 cl. 1
record 3(1)
relevant
authorised officer 36, 80(1)
relevant court
Sch. 3 cl. 1, Sch. 4 cl. 1
remand warrant
3(1)
responsible person 11(1)
section 155 notice 155(3)
serve
35(1), 42(1), 61(1), 62(1), 95(1), 96(1)
service information
Sch. 2 cl. 1
simple offence
3(1)
statutory penalty 3(1)
stay order
121(1)
stealing Sch. 1
cl. 1
summons 3(1)
superior court
3(1)
trial date 3(1)
vehicle
3(1)
vehicle licensing law
11(1)
vehicle offence 11(1)
video link
3(1)
witness 159(1)(a), (2)
and (3), Sch. 3 cl. 5(1)
witness documents 36
witness summons 3(1)
witness undertaking
3(1), Sch. 4 cl. 1
working day
3(1)
written plea 18
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.
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.
By Authority: GEOFF O. LAWN, Government Printer