CRIMINAL PROCEDURE ACT 2004 - SECT 172
CRIMINAL PROCEDURE ACT 2004 - SECT 172
172 . Representation of parties
(1) A party to a case
is personally entitled to appear before the court in order to present and
conduct the party’s case and to call, examine, cross-examine and
re-examine witnesses.
(2) The entitlements
in subsection (1) are subject to the powers of the court in the
Evidence Act 1906 to control the questioning of witnesses.
(3) Unless this Act or
another written law expressly provides otherwise, any entitlement of a party
under this Act may be performed —
(a) on a
prosecutor’s behalf in a court of summary jurisdiction —
(i)
if the prosecutor is the State or a police officer acting
in the course of duty, by a police officer acting in the course of duty; or
(ii)
if the prosecutor is acting for or on behalf of a public
authority, by an officer or employee of the public authority acting in the
course of duty,
despite the Legal
Profession Uniform Law (WA) ;
(b) on
any party’s behalf in any court —
(i)
by a legal practitioner; or
(ii)
with the court’s leave, by a person who is
undertaking practical legal training (as defined in the Legal Profession
Uniform Law (WA) section 6(1)); or
(iii)
with the court’s leave, by a person who is neither
a legal practitioner nor a person referred to in subparagraph (ii).
(4) The court may only
give leave under subsection (3)(b)(iii) in exceptional circumstances.
(5) A person who,
having been given leave under subsection (3)(b)(iii), performs any act
referred to in subsection (1) or (3) on behalf of a party is not entitled to
claim, receive or recover, directly or indirectly, money or other remuneration
for doing so.
[Section 172 amended: No. 21 of 2008 s. 657(10);
No. 20 of 2013 s. 52; No. 9 of 2022 s. 424.]
[Section 172. Modifications to be applied in order
to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009.
See endnote 1M.]