Western Australian Current Regulations Western Australian Current Regulations Where a prison offence
is dealt with before the superintendent or a visiting justice and the prisoner
charged denies the truth of the charge, the procedure subject to
section 76 of the Act shall be as follows —
(a) the
prosecuting prison officer shall state the case against the prisoner and call
any witnesses in support of the charge;
(b) the
superintendent or visiting justice may take evidence on oath, affirmation or
otherwise at his discretion;
(c) the
prosecuting prison officer shall conduct the examination in chief of each
witness and the prisoner may cross‑examine each witness;
(d) the
prosecuting prison officer shall be permitted to re‑examine each witness
on matters arising out of cross‑examination;
(e) the
prosecuting prison officer shall then close his case; and
(f) the
prisoner shall then give evidence on his own behalf or call his witnesses and
paragraphs (c), (d) and (e) shall apply subject to necessary
modification.