Western Australian Current Regulations Western Australian Current Regulations (1) An application
under section 37(2) of the Act must be in an approved form and may be
made at any time.
(2) The application
must be lodged with the court that imposed the sentence concerned.
(3) On receiving an
application, or in a case where a court intends to exercise the powers in
section 37(1) of the Act on its own initiative, a court officer is to
issue a summons (in an approved form) to all parties concerned to a hearing on
a date and at a place fixed by the officer.
(4) The summons must
be served —
(a) if
the court intends to exercise the powers in section 37(1) of the Act on
its own initiative — by a court officer on the offender and
the prosecutor;
(b) if
the application is made by the offender — by a court officer
on the prosecutor;
(c) if
the application is made by the prosecutor — by the prosecutor
on the offender.
(5) If satisfied that
all parties concerned have been served with a summons issued under this
regulation, the court may, subject to section 14 of the Act, exercise the
powers in section 37(1) of the Act.
(6) The court hearing
an application under section 37 of the Act by an offender or a prosecutor
need not be constituted by the same judicial officer that constituted the
court that imposed the sentence sought to be corrected.