Western Australian Current Acts

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PRISONS ACT 1981 - SECT 74

74 .         Hearing of charges

        (1)         Subject to this Act, and in particular section 74A, every charge of a prison offence shall be heard and determined in the presence of the prisoner charged and in either the prison where it is alleged the offence was committed or some other suitable place.

        (2)         A court of summary jurisdiction hearing a charge of an aggravated prison offence may direct that the hearing shall take place in open court.

        (3)         A prison officer who has been authorised in writing by the superintendent for the purpose may appear before a court of summary jurisdiction on the hearing of a charge of an aggravated prison offence and conduct the prosecution.

        [Section 74 amended: No. 59 of 2004 s. 141; No. 65 of 2006 s. 25.]



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