Criminal Procedure Regulations 2005 (WA)

Western Australia

Criminal Procedure Act 2004

Western Australia

Criminal Procedure Act 2004

Criminal Procedure Regulations 2005

These regulations are the Criminal Procedure Regulations 2005.

These regulations come into operation on 2 May 2005.

• (1)

  In these regulations, unless the contrary intention appears —

approved user, of the ECMS, means a person —

• (a)

  who is authorised by the CEO under regulation 4A to use the ECMS; and

• (b)

  whose identity is verified by the ECMS each time the person uses the system;

CEO means the chief executive officer of the department of the Public Service principally assisting the Minister in the administration of the CPA;

CPA means the Criminal Procedure Act 2004;

ECMS means the electronic case management system for the management of proceedings in Western Australian courts and tribunals;

Form, if followed by a number, means the form of that number in Schedule 1;

lodge a document, means to lodge it with the court concerned by means of the ECMS or at the registry where the prosecution concerned is being conducted together with any fee required to be paid under —

• (a)

  the Magistrates Court (Fees) Regulations 2005; or

• (b)

  the Children’s Court (Fees) Regulations 2005,

as the case requires.

• (2)

  Examples in these regulations do not form part of them and are provided to assist understanding.

[Regulation 3 amended: Gazette 26 Sep 2014 p. 3557‑8; 2 Dec 2016 p. 5386; 31 Dec 2019 p. 4671.]

Each form in Schedule 1 is prescribed for the purposes for which it is applicable, whether under the CPA or another Act referred to in the form.

The CEO may, from time to time, by written notice, authorise a specified person, or a person in a specified class of persons, to use the ECMS to lodge with, or make available to, the court documents of a specified class.

[Regulation 4A inserted: Gazette 2 Dec 2016 p. 5386; amended: Gazette 31 Dec 2019 p. 4671.]

Each form in Schedule 1 may be completed electronically by an approved user by entering the information required to complete the form into the ECMS.

[Regulation 4B inserted: Gazette 2 Dec 2016 p. 5386; amended: Gazette 31 Dec 2019 p. 4671.]

• (1)

  When completing a form in Schedule 1 —

  • (a)

    the name of a party must be capitalised according to the preference of the party; and

  • (b)

    the family name of a party must be underlined.

Examples: Vincent van Gogh; Wong Hei; Mary Jane Citizen.

• (2)

  A person completing a form in Schedule 1 must adapt the form to the circumstances of the prosecution concerned, such as where there is more than one accused.

• (3)

  If an…