Western Australian Repealed Acts Western Australian Repealed ActsThis legislation has been repealed.
TABLE OF PROVISIONS
Long Title
PART I -- Preliminary
1. Short title
3. Commencement of Act
4. Interpretation
4A. Bail Act 1982 to prevail over this Act
5. General saving of powers of justices
PART IV -- General procedure
42. Complaint, by whom laid
43. One matter only in complaint
44. Description of persons and property in complaint
45. Description of offence in complaints
46. Want of form or variance in warrant, etc.
47. Amendment
48. Minute of amendment
49. Complaint to be on oath if warrant required
50. Complaint where summons issued
51. Limitation period for commencing prosecutions
52. When a summons may be issued
54. Contents of summons
55. Ex parte proceedings
56. Mode of service
56A. Power to serve some summonses by post
57. Proof of service
57A. Summons, amendment of time following non-service
58. Warrant and summons, in what cases issued
59. Warrant in the first instance for simple offence
60. Direction of warrant
61. Contents of warrants
62. Warrant in force until executed
65. Court to be open: Publicity
66. Committal proceedings are not open court
67. Counsel or solicitor not to be excluded
68. Representation in court
69. Evidence of witnesses, statements may be admitted on indictable charges
70. Prosecutor or complainant a competent witness
71. Mental fitness to stand trial
72. Proof of negative etc.
73. Depositions of witnesses for indictable charges
73A. Offences in respect of recording of depositions
74. Summoning witnesses
75. After summons, warrants may issue
76. Warrant in the first instance
78. Production of documents
79. Remand of defendant on charge of indictable offence
80. Verbal remand
81. Bringing up during remand
86. Adjournment of hearing
86A. Video or audio link may be used for remands and adjournments when defendant in custody
86B. Video or audio link generally
87. Place of committal or detention
88. Committal to be made to a gaol
89. Witness may be discharged on recognisance
90. Recognisances
91. Issue of warrant for non-appearance
92. Recognisances taken out of court
93. Forfeited recognisances, how to be enforced
95. Conveying prisoners to gaol
96. Regulations, forms, and fees
PART V -- Proceedings in case of indictable offences
Division 1 -- Preliminary
97. Application
97A. Defendant not appearing may be arrested
Division 2 -- General procedure
97B. Interpretation
98. Procedure on first appearance
99. Either way charges
100. Charges that are to be tried on indictment
101. Expedited committal if defendant pleads guilty
101A. If no expedited committal, defendant to be informed of procedures
102. Compulsory examination by the prosecution
103. Disclosure by the prosecution
104. Procedure on committal mention
105. Liability of body corporate for contempt offences
106. Saving
107. Committal for sentence, matters to be recorded
109. Depositions of persons dead or absent
110. Witness dangerously ill, statement from
111. How the statement to be taken
112. Statement, when admissible in evidence
113. Prisoner to be present when statement taken
114. Prosecution may change statement of facts
123. Defendant may be granted bail or kept in custody
124. Witness may be required to enter recognisance
125. Recognisance, form and notice of
126. Witness refusing to enter recognisance may be imprisoned
127. On committal, complaint etc. to be sent to Attorney General
128. Duty of Attorney General
129. Judge may direct delivery of complaint etc. to court
130. Recommittal in case of committal to wrong court
PART VI -- Proceedings in case of simple offences and other matters
134. Absence of complainant, procedure on
135. Absence of defendant or defendant’s written plea of guilty, procedure on
136. Defendant’s written plea of not guilty, procedure on
136AA. Absence of defendant, evidentiary presumptions
136A. Decisions given in default of appearance of any party may be set aside
136B. Proceedings against children
137. Appearance of both parties, procedure on
138. Proceedings at the hearing on defendant’s confession
138A. Defendants who will not or do not plead
139. Where defendant does not admit the case
140. Non-appearance of party or parties at adjourned hearing
141. Practice as to examination etc. of witnesses
142. Dismissal of complaint, procedure on
143. Acquittal on account of unsoundness of mind
146. Formal record of conviction not necessary, except for special purposes
147. No certiorari
150. Sentence
151. Costs
154A. Enforcing recognisances
155. Enforcing the payment of money, other than fines etc.
159. Imprisonment may be ordered
160. Correcting errors caused by use of false name etc.
PART VIII -- Appeals
Division 1 -- Appeals from courts of summary jurisdiction
183. Definitions
184. Right of appeal
185. Who may appeal
186. Grounds
191. Notice to other parties
192. Amendment of grounds of appeal
193. Judge may make order as to stay of execution
194. General provisions as to stay of execution
195. Revival of sentence or order on disposition of appeal
195A. Single Judge to hear appeal unless case warrants Full Court
196. Evidence
197. Unrepresented person may present case in writing
198. Presence at appeal of party in custody
199. Powers of Court
200. Enforcement
201. Want of form
202. Notification of result of appeal to clerk of petty sessions
203. Notification relating to sentence of imprisonment
204. Discontinuance of appeal
205. Dismissal for want of prosecution
206. Application for re-instatement of appeal
Division 2 -- Appeals from single Judges’ decisions on appeal
206A. Appeal to Court of Appeal
Division 3 -- General
206B. Retention of exhibits
206C. Time may be extended or shortened
206D. Orders for costs
206E. Enforcement of order for costs
207. Control of Supreme Court over summary convictions
208. Amendment
209. Notice dispensed with
215. Service by or upon solicitor acting for party
219. No order for costs to be made against justices or police officers
PART IX -- Miscellaneous
222. Effect of court documents
223. Warrants of commitment, time for issuing
NINTH SCHEDULE
Compilation table