Criminal Procedure Act 2004 (WA)

Western Australia Criminal Procedure Act 2004 Western Australia Criminal Procedure Act 2004 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 1 Part 2 — Dealing with alleged offenders without prosecuting them 4. Terms used 1 5. Prescribed offences and modified penalties for them 1 6. Other matters to be prescribed by prescribed Acts 1 7. Authorised and approved officers 1 8. Issuing infringement notices 1 9. Form and content of infringement notices 1 10. Service of infringement notices 1 11. Terms used in s. 11 to 13 1 12. Vehicle offences, infringement notices for 1 13. Vehicle offences, onus of responsible person 1 14. Extensions of time 1 15. Withdrawal of infringement notices 1 16. Modified penalty, effect of paying 1 17. Modified penalty, application of 1 Part 3 — Prosecutions in courts of summary jurisdiction Division 1 — Preliminary 18. Terms used 1 19. Application of this Part 1 Division 2 — Commencing and discontinuing a prosecution 20. Who can commence prosecution 1 21. When prosecution can be commenced 1 22. Where prosecution may be commenced 1 23. Prosecution notice, formal requirements of 1 24. Prosecution notice, lodgment of 1 25. Discontinuing prosecution 1 Division 3 — Notifying the accused of a prosecution 26. Accused's general entitlement to prosecution notice 1 27. Accused in custody, entitlement to prosecution notice 1 28. Accused not in custody, procedural options 1 29. Corporation, procedural options 1 30. Summons, court hearing notice or warrant, issue of 1 31. Warrant for accused's arrest, contents etc. 1 32. Summons to accused, contents and service of 1 33. Court hearing notice, contents and service of 1 34. Summons etc., amendment of date if not served 1 35. Initial disclosure by prosecutor 1 Division 4 — Procedure on charge of indictable offence 36. Terms used 1 37. Application of this Division 1 38. No appearance by party 1 39. Initial procedure 1 40. Either way charges 1 41. Charges that are to be tried on indictment 1 42. Full disclosure by prosecutor 1 43. Administrative committals 1 44. Disclosure/committal hearing, procedure on 1 45. Committal, prosecutor's duties after 1 46. Committal for sentence after conviction, procedure on 1 47. Committal for sentence or trial, matters to be recorded 1 Division 5 — Procedure on charge of simple offence 48. Application of this Division 1 49. Written plea, court to advise prosecutor 1 50. Written plea of not guilty 1 51. Written plea of guilty 1 52. No appearance by any party and no plea received 1 53. No appearance by any party but plea received 1 54. No appearance by prosecutor 1 55. No appearance by accused and no plea of guilty 1 56. Conviction of absent accused, sentencing procedure on 1 Division 6 — Procedure for dealing summarily with any charge 57. Application of this Division 1 58. Appearance by both prosecutor and accused, procedure on 1 59. Initial procedure, pleading 1 60. Plea of not guilty, procedure on 1 61. Disclosure by prosecutor 1 62. Disclosure by accused of certain matters in certain cases 1 63. Non‑disclosure, consequences of 1 64. Issues that may be dealt with before trial 1 65. Trials, procedure on 1 66. Trial on the papers 1 67. Costs 1 68. Court must record its decision 1 69. Conviction and sentence, accused to be notified of 1 Division 7 — Setting aside decisions made in the absence of a party 70. Term used: decision 1 71. Making application to set aside 1 72. Dealing with application to set aside 1 73. Court may set aside decision on its own initiative 1 74. Effect of decisions under s. 72 or 73 1 Division 8 — Miscellaneous 75. Adjourning charges 1 76. Staying prosecution permanently 1 77. M Video or audio link, use of when accused in custody etc. 1 78. Exceptions etc., proof of in simple offences 1 79. Dismissing charge for want of prosecution, consequences of 1 Part 4 — Prosecutions in superior courts Division 1 — Preliminary 80. Terms used 1 81. Application of this Part 1 82. Court may act on its own initiative etc. 1 Division 2 — Commencing and discontinuing a prosecution 83. How prosecution is commenced 1 84. Where prosecution may be commenced 1 85. Indictments, formal requirements and service of 1 86. Accused not committed may be arrested etc. 1 86A. Remitting charges to summary courts 1 87. Discontinuing prosecution 1 Division 3 — General matters 88. Accused's presence, when required 1 89. Adjourning cases 1 90. Staying prosecution permanently 1 91. Accused may be required to plead at any time 1 92. Plea of not guilty, consequences of 1 93. Dealing with plea of not guilty on account of mental impairment 1 Division 4 — Pre‑trial matters 94. Court may order prosecutor to commence prosecution etc. 1 95. Disclosure by prosecutor 1 96. Disclosure by accused of certain matters 1 97. Non‑disclosure, consequences of 1 98. Issues that may be dealt with before trial 1 Division 5 — Committals for sentence 99. Unconvicted accused committed for sentence, procedure on 1 100. Convicted accused committed for sentence, procedure on 1 Division 6 — Trial by jury 101. Application of this Division 1 102. When juror is sworn 1 103. Accused to be told of right to challenge jurors 1 104. Challenging jurors 1 105. Jurors to be sworn 1 106. Jury to be informed of certain matters 1 107. Plea of guilty after jury is sworn 1 108. No case to answer, judge may acquit accused 1 109. View by jury 1 110. Jury may be given records etc. to assist understanding 1 111. Jury not to separate or communicate with others 1 112. Judge to address jury before it deliberates 1 113. Special verdict may be required 1 114. Jury's verdict to be unanimous except in some cases 1 115. Discharging juror 1 116. Discharging jury 1 Division 7 — Trial by judge alone 117. Application of this Division 1 118. Trial by judge alone without jury may be ordered 1 119. Law and procedure to be applied 1 120. Judge's verdict and judgment 1 Division 8 — Miscellaneous 121. Sentences etc. may be stayed pending appeal 1 122. Incapacity of judge 1 123. No fees or costs 1 124. Rules of court 1 Part 5 — Provisions applicable to any prosecution Division 1 — Preliminary 125. Application of Part 1 Division 2 — Pleas and related matters 126. Pleas available to charges 1 127. Plea of no jurisdiction etc., dealing with 1 128. Plea of no jurisdiction etc., consequences if upheld 1 129. Plea of guilty, procedure on 1 Division 3 — General procedural matters 130. Fitness of accused to stand trial 1 131. Unclear charge, court may order particulars etc. 1 132. Amending charges etc. 1 133. Separate trials, court may order 1 134. Separate prosecutions may be dealt with together 1 135. Venue, change of 1 136. Trial date, court may set on application of party 1 137. Case management powers 1 137A. Prosecution disclosure requirements, exceptions to 1 138. Disclosure requirements, orders as to 1 139. Accused's appearance, court's powers to compel 1 140. Accused may be excluded from proceedings 1 141. Video and audio links, use of 1 Division 4 — Trial matters 142. Accused required to plead at start of trial 1 143. Opening addresses 1 144. Accused's entitlement to defend charges 1 145. Closing addresses 1 Division 5 — Judgments and related matters 146. Acquittal on account of mental impairment 1 147. Judgment, entry of 1 148. Conviction, consequences of 1 149. Acquittal, consequences of 1 150. Discharge of accused, effect of 1 Division 6 — Prosecutions against corporations 151. Application of this Division 1 152. Corporation may appoint representative 1 153. Representative's functions 1 154. Pleas by or on behalf of corporation 1 155. Compelling representative to appear 1 Division 7 — Witnesses 156. Term used: attendance date 1 157. Privilege, claims of not prevented 1 158. Pre‑trial statements and examinations of witnesses (Sch. 3) 1 159. Compelling witness to attend court 1 160. Arrest warrant for witness, content of 1 161. Witness summons, content of 1 162. Witness summons, service of 1 163. Witness summons to produce material, procedure on 1 164. Witnesses, securing further attendance of (Sch. 4) 1 165. Witness not attending, procedure on 1 166. Witness summons, cancelling 1 167. Discharging witness 1 Division 8 — Miscellaneous 168. Criminal records, proof of 1 169. Prosecution determined by court without jurisdiction 1 170. Exhibits, retention of etc. 1 171. Court to be open, publicity 1 172. Representation of parties 1 Part 6 — Miscellaneous Division 1 — Court documents 173. Unauthorised documents 1 174. Presumptions as to signatures 1 175. Service and proof of service 1 175A. Served documents, additional copies may be requested 1 176. Effect of court documents 1 177. Warrants, effect of and procedure on 1 178. Defects etc. in court documents 1 179. Errors in court records due to use of wrong or false name 1 Division 2 — Offences 180. Liability of officers for offence by body corporate 1 181. Disobeying summons, offence 1 Division 3 — General 182. Appointment of people to prosecute offences 1 183. Contempts, summary punishment of not prevented 1 184. Decisions by court officer, review of 1 185. Enforcing orders to pay money, other than fines etc. 1 186. Regulations 1 Schedule 1 — Prosecution notices and indictments Division 1 — Preliminary 1. Terms used 1 Division 2 — Contents of prosecution notices and indictments 2. General rules 1 3. Prosecutor to be identified 1 4. Accused to be identified 1 5. Alleged offence to be described 1 6. Alleging particular matters and offences 1 7. Multiple charges and multiple accused 1 8. Multiple offences may be charged as one in some cases 1 Division 3 — Effect of certain charges 9. Joined charges and accused to be tried together 1 10. Charge of offence relating to property 1 11. Charge of burglary, stealing or receiving 1 Schedule 2 — Service of documents and other things 1. Term used: service information 1 2. Personal service on individuals 1 3. Postal service on individuals and corporations 1 4. Service on corporations 1 5. False service information, offence 1 Schedule 3 — Pre‑trial statements and examinations of witnesses 1. Term used: relevant court 1 2. Evidence Act 1906 not affected 1 3. Admissibility of dying declarations not affected 1 4. Witness statements, formalities of 1 5. Examination of witness, court may order 1 6. Examination of witness, conduct of 1 7. Witness's pre‑trial evidence, use of at trial 1 Schedule 4 — Securing the further attendance of witnesses 1. Terms used 1 2. Witness may be imprisoned until trial 1 3. Witness undertakings, provisions about 1 4. Witness undertaking, contravention of 1 5. Surety undertakings, application of Bail Act provisions to 1 6. Application of other Bail Act provisions 1 Notes Compilation table 1 Other notes 1 Defined terms Western Australia Criminal Procedure Act 2004 An Act to provide procedures for dealing with alleged offenders and for related matters.