Western Australian Repealed Regulations Western Australian Repealed RegulationsThis legislation has been repealed.
TABLE OF PROVISIONS
ORDER I
1.1. Interpretation
1.2. Title of proceedings
ORDER II
2.1. Title of indictments
2.2. Form of statement of offences in indictments
2.3. Complaints
ORDER IIA
2A.1. Interpretation
2A.2. Duty to notify Court when acting for an accused person
2A.3. Duty to notify Court when ceasing to act for an accused person
2A.4. Practitioner on the record presumed to be acting
ORDER III
3.1. Subsequent pleadings to be oral
3.2. Challenges
ORDER IV
4.1. Application for leave
4.2. Charges against judicial officers
4.3. Prosecutor’s address for service
4.4. Appearance
4.5. Plea
4.6. Service of notices, etc., on defendant
ORDER V
5.1. Application for Bench warrant
5.2. On information by leave
ORDER VI
6.4. Form recognisance
ORDER VII
7.1. To be by order of Full Court
7.2. Application how made
7.3. Terms may be imposed
7.4. Copy pleadings for Judges
7.5. Trial
ORDER VIII
8.1. Minute book
8.2. Calendar
8.3. Authority for execution
8.4. Certificate of result of trial
ORDER IX
9.1. Obligation on Appellants to fill up forms of appeal notices and answer questions thereon
9.2. Notices of appeal to be signed by Appellant and addressed to Registrar
9.3. Where Appellant unable to write
9.6. Time for appealing against conviction to run from verdict
9.7. Time for appealing against sentence to run from pronouncement of sentence
9.8. Time for appealing against order for restitution
9.9. Registrar to obtain particulars from Clerk of Arraigns
9.11. Prosecutor at trial to be ascertained
9.12. Notice of application for leave to appeal
9.13. Abandonment of appeal
9.14. Notice of application for extension of time for appealing
9.15. Appeals by prosecution
9.16. Mode of instituting appeal by prosecution
9.17. Application for extension of time to appeal
9.18. Amendment of hearing date
9.19. Substituted service
9.20. Abandonment of appeal
9.21. Signature of notice
9.22. Appeal books to be lodged
9.23. Reference under s.693A
9.24. Request to be made by summons
9.25. Affidavits in support of summons
9.26. Service of summons etc. on respondent
9.27. Directions regarding reference
9.28. Entry for hearing and lodging of transcript
9.29. Mode of service
9.30. Directions where procedure not prescribed
ORDER X
10.1. Shorthand writers, how appointed
10.2. Shorthand note to be certified by the writer
10.3. Transcript to be furnished on application of Registrar
10.4. Party interested may obtain transcript from shorthand writer
10.5. Party interested may obtain transcript from Registrar
10.6. Definition of “Party interested”
10.7. Transcript to be made by writer thereof or some other person on Registrar’s directions
10.8. Verification of transcript for use of Court of Criminal Appeal
ORDER XA
10A.1. System of mechanical recording
10A.2. Control of system
10A.3. Reproduction of record
10A.4. Duties of monitors
10A.5. Duties of persons transcribing recordings
10A.6. Transcript to constitute notes of evidence
10A.7. Progress copies of transcript to be made available to Judge and parties
10A.8. Copies of transcript to be again certified for purposes of appeal
10A.8A. Presumption of accuracy of transcript
10A.9. Register and keeping of records
10A.10. Erasure of recordings
10A.11. Failure of recorder to be reported forthwith
ORDER XI
11.1. Judge’s certificate under s.688 (1) (b)
11.2. Judge’s certificate may be given at trial without application
ORDER XII
12.1. Answers to questions to be deemed applications to Court in certain cases
12.2. Certain matter to be referred to Judge
12.3. Procedure where Judge refuses application
12.4. Sittings of a Judge under s.702.
ORDER XIII
13.1. Where fine imposed on conviction to be retained pending appeal
13.2. Person in custody in default of payment of fine, deemed to be person sentenced to imprisonment
13.3. Person fined may in certain cases intimate appeal, and not pay fine.
13.4. Fine to be repaid on success of appeal
13.5. How Appellant committing breach of recognisance under this Rule may be dealt with
ORDER XIV
14.1. Judge’s directions as to custody of exhibits
14.2. List of exhibits produced before committal, to be made by Coroner or Clerk to Justices
14.2A. Marking and listing of exhibits
14.3. Retention and return of exhibits
ORDER XV
15.1. Annulling or varying order of restitution of property
15.2. Nonsuspension of orders for restitution, etc., to be subject to property or a sample, etc., being necessary for purposes of appeal
15.3. Temporary suspension or orders made on conviction as to money, costs, etc.
15.4. Judge’s directions as to property of convicted person pending appeal
15.5. Suspension of disqualification consequent on conviction
15.6. Judge’s directions as to securing payment of money by convicted person pending appeal
15.7. Suspension of order of destruction or forfeiture of property
15.8. Suspension of proceedings or claims consequent on conviction
15.9. Hearing on final determination of appeal
15.10. Period of suspension of orders under s.6 of Act
15.11. Certificate of conviction not to issue for 10 days after conviction
15.12. After 10 days from conviction, Clerk to be satisfied no appeal pending before issuing certificate of conviction
15.13. Appeal by person convicted against order of restitution or compensation to be made on appeal against conviction
15.14. Conditions may be imposed on appeal against order of restitution
ORDER XVI
16.1. Judge’s note to be furnished to the Registrar on request
16.2. Report of Judge of Court of Trial
16.3. Judge’s report to be furnished to Court of Appeal
16.4. Registrar to furnish Judge of Court of Trial with materials for report
ORDER XVII
17.1. Registrar’s duties as to ascertaining Respondent
17.2. Prosecutor to afford all information, documents, etc., to Registrar and Crown Prosecutor
17.3. Court may at any stage substitute Crown Prosecutor for a private prosecutor
17.4. When Crown or Prosecutor is appellant
ORDER XVIII
18.1. Registrar on application of Appellant or Respondent, or where he thinks necessary, to obtain documents, exhibits, etc., for purposes of appeal, and same, to be open for inspection
18.1A. Judge may allow affidavits to be filed re grounds etc.
18.2. Court of Appeal may order production of any document or exhibits etc.
18.3. How Appellant or Respondent may obtain from Registrar copies of documents or exhibits
18.4. Counsel and Solicitor assigned to Appellant may receive copies of documents and exhibits free on his request
18.5. Transcript of short-hand notes not to be supplied free except on order of Judge of Court
18.6. Appellant not legally represented may obtain copy of documents or exhibits free
ORDER XIX
19.1. Attendance of witness before Court of Appeal
19.2. Application to Court to hear witnesses
19.3. Order appointing Examiner
19.4. Registrar to furnish Examiner with exhibits, etc., necessary for examination
19.5. Notification of date of examination
19.6. Evidence to be given on oath
19.7. Deposition of witness, how to be taken
19.8. Travelling expenses of witnesses before Examiner
19.9. Service of notices and orders, under Rule
19.10. Presence of parties at examination of witnesses
19.11. Proceedings under Section 697, subsection (d), on reference
ORDER XX
20.1. On final determination of appeals, etc., registrar to notify Appellant, Prison Superintendent, and Attorney General
20.2. In cases of death sentence, notice of appeal and final determination to be given
20.3. Registrar to notify Officer of Court of Trial, result of appeal
20.4. Registrar after appeal to return original depositions, exhibits, indictments, etc., to Officer of Court of Trial when received from him
ORDER XXA
ORDER XXB
20B.1. Proceedings pursuant to ss.16, 17.
20B.2. Applications pursuant to s.40(2)
20B.3. Service
20B.4. Notice to sentencing Court
ORDER XXC
20C.1. Manner of application
20C.2. Service of notice of motion on person convicted
20C.3. Evidence
20C.4. Adjournments
20C.5. Final determination
ORDER XXI
21.1. Accounts to be filed
21.2. Notice to parties
21.3. Notice of objections
21.4. Service on persons interested
21.5. Attendance of persons interested
21.6. Registrar’s certificate
21.7. Certificate when binding
ORDER XXII
22.1. Title of Affidavits
22.2. Grounds for removal
22.3. Security for costs of prosecution
22.4. Time and notice
22.5. Objections to be stated in order
22.7. Security for costs on certiorari to bring up convictions or orders of Justices
ORDER XXIII
23.1. Application not specially provided for, how made
23.2. Notice by Registrar to Appellant of results of all applications
23.3. Legal aid
23.4. Enforcing duties under Rules
23.5. A petitioner under Section 21, subsection (a) to be deemed an Appellant for all purposes
23.6. Sittings during long vacation
23.7. Reference to Court under s.21 (b)
23.8. Warrants
23.9. Notices to Court
23.10. Notices to be in writing. Service
23.11. Applications to Court, how made
23.12. Notice of motion to be served two days before hearing
23.13. Applications in Chambers
23.14. Solicitor to represent client
23.15. Schedule of Forms
23.16. Power of Court or Judge to enlarge or abridge time
23.17. Effect of non-compliance
23.18. Certificate or warrant evidencing sentence to be forwarded to Court
23.19. Section 656A -- transmission of documents
THE SCHEDULE of Forms.
Compilation table