Criminal Procedure Amendment Rules 2012 (WA)

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19 June 2012 GOVERNMENT GAZETTE, WA 2647

JUSTICE

JU301*

Criminal Procedure Act 2004

Criminal Procedure Amendment Rules 2012

Made by the Judges of the Supreme Court.

1.             Citation

These rules are the Criminal Procedure Amendment Rules 2012.

2.             Commencement

These rules come into operation as follows —

(a) rules 1 and 2 — on the day on which these rules are published in the Gazette;
(b) the rest of the rules — on the day after that day.

3.             Rules amended

These rules amend the Criminal Procedure Rules 2005.

4.             Rule 56 deleted

Delete rule 56.

5.             Schedule 1 Form 17 deleted

Delete Schedule 1 Form 17.

6.             Schedule 1 Form 18 replaced

Delete Schedule 1 Form 18 and insert:

18.           DPP lawyer’s undertaking as to jury panels or pools (r. 57(3))

Juries Act 1957 DPP lawyer’s undertaking as to
Criminal Procedure Rules 2005 jury panels or pools
Lawyer’s Full name
details Title
Office
Telephone
Email
2648 GOVERNMENT GAZETTE, WA 19 June 2012
Undertaking I am a lawyer employed in the office of the Director of Public
[*delete one] Prosecutions of the *State/Commonwealth.
I undertake to the Supreme Court that if I obtain a copy of any
panel or pool of jurors referred to in the Juries Act 1957
section 30 —

(a)

I will not permit the copy to be copied by any person by any means; and

(b)

I will not permit the contents of the panel or pool or the identity of any person in it who is sworn as a juror to be divulged to any person other than the Director of Public Prosecutions or any lawyer instructed by the Director to appear in the trial for which the panel or pool of jurors

has been summoned; and

(c) I will not permit the copy to leave my custody except to facilitate safe keeping by the proper officer in relation to the trial when empanelment of a jury has not been

completed; and

(d)

I will return the copy to the office of the summoning officer as soon as practicable after the jury for the trial concerned is empanelled or, if later, by 5 p.m. on the day I receive the copy.

Lawyer’s signature Date

7.             Schedule 1 Form 19 replaced

Delete Schedule 1 Form 19 and insert:

19.           Defence lawyer’s undertaking as to jury panels or pools (r. 57(4))

Juries Act 1957 Defence lawyer’s undertaking as
Criminal Procedure Rules 2005 to jury panels or pools
Lawyer’s Full name
details Title
Office
Telephone
Email
Undertaking I undertake to the Supreme Court that if I obtain a copy of any
panel or pool of jurors referred to in the Juries Act 1957
section 30 —

(a)

I will not permit the copy to be copied by any person by any means; and

19 June 2012 GOVERNMENT GAZETTE, WA 2649

(b)

I will not permit the contents of the panel or pool or the identity of any person in it who is sworn as a juror to be divulged to any person other than the accused for whom I act, or a lawyer acting as solicitor or counsel for an accused for whom I act; and

(c)

I will not permit the copy to leave my custody except to facilitate safe keeping by the proper officer in relation to the trial when empanelment of a jury has not been completed; and

(d)

I will return the copy to the office of the summoning officer as soon as practicable after the jury for the trial concerned is empanelled or, if later, by 5 p.m. on the day I receive the copy.

Lawyer’s signature

Date

Judges’ signatures: 
Chief Justice MARTIN 
Justice McLURE  Justice MARTIN
Justice PULLIN  Justice MURPHY
Justice HEENAN  Justice HALL
Justice Le MIERE  Justice MAZZA
Justice JENKINS  Justice CORBOY
Justice SIMMONDS  Justice PRITCHARD
Justice BUSS  Justice ALLANSON
Justice BEECH  Justice EDELMAN
Justice NEWNES 
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