Western Australian Repealed Acts

This legislation has been repealed.

CRIMINAL PROCEDURE (SUMMARY) ACT 1902 - SECT 205

205 .         Dismissal for want of prosecution

        (1)         If the appellant is in default in entering the appeal for hearing within the required time or taking any necessary step in connection therewith, the Attorney General or any party to the appeal may apply to the Court by summons served on the appellant for an order dismissing the appeal.

        (2)         If the appellant does not appear, either personally or by a legal practitioner, at the hearing of the appeal, or if the Court is satisfied on an application under subsection (1) that the appellant is in default as mentioned in that subsection, the Court may do one or more of the following —

            (a)         dismiss the appeal;

            (b)         require the appellant to take any specified step within a specified time, and dismiss the appeal if he fails to comply with that requirement;

            (c)         require the appellant to pay costs;

            (d)         make such other order as the Court thinks fit.

        (3)         The Court may issue any warrant that may be necessary as a result of the dismissal of the appeal.

        (4)         An application by way of summons under subsection (1) may be heard and determined in the absence of the appellant if it is proved that he was served with the summons.

        [Section 205 inserted by No. 33 of 1989 s. 16.]