Criminal Procedure (District Court) Rules 2008 (WA)

Western Australia Criminal Procedure Act 2004 Criminal Procedure (District Court) Rules 2008 Western Australia Criminal Procedure (District Court) Rules 2008 Contents 1. Citation 1 2. Commencement 1 3. Interpretation 1 4. Application 2 6. When indictment or discontinuance must be lodged 2 7. Initial hearing 2 8. When request about pending charges must be lodged 3 Notes Compilation table 4 Defined terms Western Australia Criminal Procedure Act 2004 Criminal Procedure (District Court) Rules 2008

1. Citation These rules are the Criminal Procedure (District Court) Rules 2008.

2. Commencement These rules come into operation as follows: (a) rules 1 and 2 — on the day on which these rules are published in the Gazette; (b) the rest of the rules — on the day after that day.

3. Interpretation In these rules unless the contrary intention appears — accused means a person who has been committed to the court for trial or sentence or who is the subject of an indictment that has been lodged in the court; Chief Judge means the Chief Judge of the District Court; court means the District Court; CPA means the Criminal Procedure Act 2004; judge means a District Court judge; lodge a document, means to lodge it with the court.

4. Application (1) These rules must be read with the Criminal Procedure Rules 2005. (2) If a provision in these rules is inconsistent with a provision of the Criminal Procedure Rules 2005, the provision in these rules prevails in relation to any case in the court. [5. Deleted: Gazette 25 Nov 2011 p. 4872.]

6. When indictment or discontinuance must be lodged (1) The Chief Judge, by a practice direction, may set the period within which an authorised officer must act under the CPA Part 4 Division 2 in respect of an accused who is committed to the court for trial or sentence on a charge. (2) If an authorised officer does not comply with a practice direction issued under subrule (1), the court may make an order under the CPA section 94(3).