Criminal Procedure Amendment Rules 2002 (WA)

19 March 2002 GOVERNMENT GAZETTE, WA 1343

.11..J 301*

The Criminal Code Sentencing Act 1995

Criminal Procedure Amendment Rules 2002

Made by the Judges of the Supreme Court.

1.            Citation

These rules may be cited as the Criminal Procedure Amendment
Rules 2002.

2.            The rules amended

The amendments in these rules are to the Criminal Procedure
Rules 2000*.

[* Published in Gazette 2 January 2001 p. 1-75.

For amendments to 6 February 2002 see Gazette
17 August 2001.]

3.            Rule 21 amended

Rule 21(2) is amended by deleting "subrule (2)." and inserting instead —

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" subrule (3). ".

4.            Rule 30 amended

(1) Rule 30(1) is repealed and the following subrule is inserted
instead

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(1) If a party or other person wants a court to issue a

subpoena to a person (the "witness"), he or she must
file a request in the form of Form 7 to which is attached
a draft subpoena, or draft subpoenas, for one or both of

the following, as the case requires —

(a)	a subpoena to give oral evidence in the form of Form 8;
(b)	a subpoena to produce a record or thing in the form of Form 9.

1344 GOVERNMENT GAZETTE, WA 19 March 2002

(2) Rule 30(7) is amended after "hearing" by inserting -

"

or, if it is not practicable to do so, of another

proceeding at which a judge is presiding

5. Rule 33 amended
Rule 33(1) and (2) are amended after "pre-trial hearing" by
inserting -

46

or other proceeding ".

6.            Rule 39 amended

Rule 39 is amended as follows:

(a) by deleting "rule 38" and inserting instead -

rule 37 or 38, or both those rules,

(b) after "that rule" by inserting -

or both those rules,

(c) after "with it" by inserting -

or them ".

7.           Rule 50 amended

(1) Rule 50(1) is amended by deleting the definition of "stay order"

and inserting the following definition instead -

"

"stay order" means an order made by a court on the

conviction of a person that stays the operation of—

(a)	section 24(1) of The Sale of Goods Act 1895 (the "relevant statutory provision") in relation to the revesting of the property in stolen goods;
(b)	an order for the restitution or delivery of any
thing;
(c)	an order for the forfeiture, disposal or destruction of any thing;
(d)	a community order within the meaning of the Sentencing Act 1995;
(e)	an order imposing a fine or for the payment of compensation or another sum of money; or
(0	an order imposing a disqualification on that
person.

(2) Rule 50(2) is amended by deleting "a party or any other person

with a sufficient interest" and inserting instead -

"

the person convicted or sentenced, the DPP or any
other person who is, or is to be, affected by the

19 March 2002 GOVERNMENT GAZETTE, WA 1345

operation of the relevant statutory provision or the

order in relation to which the stay order is sought

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(3)	Rule 50(3)	is amended by deleting "commenced" and inserting
instead -

finally determined ".

(4) Rule 50(4), (5) and (6) are repealed and the following subrules
are inserted instead -

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(4)	A court may make a stay order on any terms and
conditions that it thinks fit, including terms and conditions for the purpose of—

(a)	ensuring that an appeal is prosecuted without delay;
(b)	securing the safe custody of any record or thing during the period that the order has effect;
(c)	requiring security to be given in relation to an order imposing a fine or for the payment of compensation or another sum of money.

(5)	A court may make an order varying or revoking a stay
order.

(6) The operation of a stay order is subject to section 694

of the Code.

8.            Schedule 1 amended

Schedule 1 is amended by deleting Form 6 and inserting the following form instead -

rV

6. Request that person in custody be present to give
evidence (r. 29)

The Criminal Code 0 Court of Criminal Appeal

Criminal Procedure Rules 2000 Supreme Court

Request that person in custody be o District Court

present to give evidence	At: Number:
Matter	[Names of all parties]
Applicant	[Name of the party requesting]
Request	The applicant requests the Court to require the following person(s) to be present on [Date] at [Place] to give evidence on behalf of the above applicant in this matter.
Full name of person in custody Place of custody (if known)
Signature of	Date:
applicant or	.
lawyer	Applicant/Applicant's lawyer

1346 GOVERNMENT GAZETTE, WA 19 March 2002

Dated: 20 February 2002.

DAVID K. MALCOLM, Chief Justice's signature H. A. WALLWORK	G. P. MILLER
M. J. MURRAY	N. P. HASLUCK
G. F. SCOTT	L. W. ROBERTS-SMITH
C. D. STEYTLER	C. J. McLURE
K. H. PARKER	C. J. L. PULLIN
A. J. TEMPLEMAN	C. A. WHEELER Judges' signatures