Criminal Procedure Amendment Rules 2023 (WA)

14 March 2023 GOVERNMENT GAZETTE, WA 525

JUSTICE

JU301

Criminal Procedure Act 2004

Criminal Procedure Amendment Rules 2023

SL 2023/20

Made by the judges of the Supreme Court.

1.   Citation

These rules are the Criminal Procedure Amendment Rules 2023.

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.

device to the court in person; or

4. Rule 39 amended

(1) Before rule 39(1) insert:

(1A) In this rule —

produce electronically, in relation to a record or thing,

means to provide the record or thing, in a format

approved by the court, to the court —

(a) by saving it to a CD-ROM, DVD or USB device and —

(i)    providing the CD-ROM, DVD or USB

526   GOVERNMENT GAZETTE, WA 14 March 2023

(ii) sending the CD-ROM, DVD or USB

device to the court by post or courier;

or

(b) by other electronic means approved by a registrar.

(2) Delete rule 39(2) and insert:

(2) The witness may produce the record or thing —

(a)	if the original record or thing is in electronic form — by producing it electronically; or
(b)	otherwise — by providing it to the court in person or sending it to the court by post or courier.

(3) After rule 39(5) insert:

(5A) If the summons requires the production of a record and

does not require that the original record be produced, the witness may comply with subrule (2) or (4)(b) by producing a copy of the record (whether in electronic form or otherwise).

(4) In rule 39(6) delete "a registrar" and insert:

a court officer

5.            Schedule 1 Form 10 amended

In Schedule 1 Form 10:

(a) delete: 

Command	You are commanded to produce the records or things described below at the place, and on or before the date and time specified below.
Time and place	Date:  Time:
to produce	Court:
record or thing	Place:
Records or	You must produce to the court the following:
things to be	[Describe in reasonable detail each record or thing to be
produced	produced; on an attachment if necessary.]

14 March 2023 GOVERNMENT GAZETTE, WA 527

and insert:

Command	You are commanded to produce the records or things described below on or before the date and at or before the time specified below.
Time to	Date:  Time:
produce record	Court:
or thing
Records or	You must produce to the court the following:
things to be	[List the records or things and whether the original of any
produced	record is required. If insufficient space, attach list.]

(b) after the last row insert:

Notes

Production of	Unless this summons states that the original of a record is
copy of record	required, you may produce a copy of it instead.
instead of original record

Date: 13 January 2023.

The Hon. Chief Justice Peter Quinlan
Chief Justice of Western Australia

Supreme Court of Western Australia.