Western Australian Current Acts

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MAGISTRATES COURT ACT 2004 - SECT 11

11 .         Criminal jurisdiction

        (1)         The Court’s criminal jurisdiction is set out in this section.

        (2)         The Court has jurisdiction —

            (a)         to hear and determine a charge of a simple offence; and

            (b)         to hear and determine a charge of an indictable offence that can be dealt with summarily; and

            (c)         to commit a person charged with an indictable offence that is to be dealt with on indictment to the District Court or the Supreme Court for trial or sentence; and

            (d)         to commit a person charged with an indictable offence that is to be dealt with summarily to the District Court or the Supreme Court for sentence; and

            (e)         to deal with any case that, under a written law, is to be dealt with by a court of summary jurisdiction .

        (3)         The jurisdiction referred to in subsection (2) is to be exercised subject to —

            (a)         The Criminal Code ;

            (b)         the Criminal Procedure Act 2004 ;

            (c)         the Children’s Court of Western Australia Act 1988 Part 3;

            (d)         any other written law that confers jurisdiction to deal with a charge of an offence on a court of summary jurisdiction.

        (3a)         The Court’s criminal jurisdiction includes any jurisdiction that is conferred on the Court by a written law other than this Act and that is expressly said to form part of the Court’s criminal jurisdiction.

        (4)         In exercising its criminal jurisdiction, the Court is a court of summary jurisdiction.

        [Section 11 amended: No. 84 of 2004 s. 78 and 82; No. 59 of 2006 s. 73; No. 47 of 2020 s. 11.]



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