Criminal Procedure Act 2004 (WA)

Western Australia

Western Australia

Criminal Procedure Act 2004

An Act to provide procedures for dealing with alleged offenders and for related matters.

This Act may be cited as the Criminal Procedure Act 2004.

• (1)

  This Act comes into operation on a day fixed by proclamation.

• (2)

  Different days may be fixed under subsection (1) for different provisions.

• (1)

  In this Act, unless the contrary intention appears —

accused means a person alleged in a prosecution notice or indictment to have committed an offence;

acquit, in relation to a charge, has the meaning given by subsection (2)(b);

approved notice means a notice approved by the chief executive officer of the department of the Public Service principally assisting in the administration of this Act;

arrest warrant —

• (a)

  for an accused, means a warrant that complies with section 31;

• (b)

  for a witness, means a warrant that complies with section 160;

audio link means facilities, including telephones, that enable, at the same time, a court at one place to hear a person at another place and vice versa;

authenticate means authenticate in accordance with the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 10;

case means a prosecution, or any proceedings in a court that involve its criminal jurisdiction;

charge means an allegation in a prosecution notice or indictment that a person has committed an offence;

convict, in relation to a charge, has the meaning given by subsection (2)(a);

corporation means any body corporate, whether incorporated in this State or elsewhere;

court means a court of summary jurisdiction or a superior court;

court hearing notice means a document that complies with section 33(1);

court of summary jurisdiction means a court, or a person, acting in circumstances in which it, he or she is a court of summary jurisdiction by virtue of another written law;

courtroom includes any place where a court is sitting;

deal with a charge, includes to hear and determine it;

determine a charge, means —

• (a)

  to convict the accused of the charge; or

• (b)

  to acquit the accused of the charge; or

• (c)

  to enter judgment on the charge under section 128(2) or (3);

document means a record that is on paper or that is capable of being put on paper;

DPP means the Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1991 or any person performing the functions or acting in that office;

either way charge means an indictable charge that, by virtue of The Criminal Code section 5, or another written law, may be tried either on indictment or summarily;

electronic recording means an electronic or magnetic recording of sounds or moving images or both;

indictable charge means a charge of an indictable offence;

indictable offence means a crime or any other offence described by a written law as an indictable…