Criminal Procedure Rules 2000 (WA)
Western Australia
The Criminal Code
These rules were repealed by the
Western Australia
Western Australia
The Criminal CodeThe Criminal Code
Sentencing Act 1995
These rules may be cited as the
These rules come into operation on 5 February 2001.
(1) In these rules, unless the contrary intention appears —
(2) Unless the contrary intention appears, words and expressions used in these rules have the same meanings as they have in section 1 of the Code.
These rules apply to and in relation to all proceedings in the criminal jurisdiction of the District Court or the Supreme Court or in the Court of Criminal Appeal that are —
(a) pending on the commencement of these rules; or
(b) commenced on or after the commencement of these rules.
(1) A court may give directions to facilitate —
(a) the preparation, filing, service and exchange of electronic documents relating to proceedings before the court;
(b) the preparation and issue of electronic documents by the court; and
(c) the conduct of proceedings before the court by means of the electronic communication of written information between the court and parties to the proceedings.
(2) The directions may be given —
(a) in practice directions issued by the court applicable to proceedings generally or to a particular class of proceeding; or
(b) by a judge or the Court of Criminal Appeal in particular proceedings.
(3) The directions may vary the operation of, or allow non‑compliance with, these rules.
(4) A direction given under this rule has effect as if it were part of these rules.
(5) Nothing done under such a direction shall be treated as an irregularity for the purposes of rule 6.
(1) A document that is required by these rules to be served must be served in accordance with section 76 of the
Interpretation Act 1984 unless —(a) these rules provide otherwise; or
(b) the court orders otherwise.
(2) If under Part 3 a lawyer has given notice of being instructed to act for a person, a document to be served on the person may instead be served on the lawyer.
(3) The court may order that a document is not required to be served.
(1) An application to the court must be in the form of Form 1 unless —
(a) these rules provide otherwise; or
(b) the Code or a written law provides otherwise.
(2) An application and any affidavit in support of it must be filed, and served on every other party, and any other person affected by the application, at least 2 clear days before the date on which it is to be heard, unless the court orders otherwise.
(3) Despite subrule (1), the court may give leave for an application to be made orally on any terms it thinks are just.
(1) On the application of a party or on its own initiative, a court may adjourn a trial or other proceeding if it thinks fit.
(2) In the case of a proceeding involving an accused, the power in subrule (1) may be exercised before or after the accused is arraigned.
(3) Subrule (1) is in addition to and does not affect the operation of section 610 of the Code or any other provision of the Code that allows a court to adjourn a trial or other proceeding.
(4) If a court adjourns a trial or other proceeding —
(a) it may do so until a fixed date or until a date to be fixed by the court;
(b) it may, subject to the
Bail Act 1982 , remand the accused or offender in custody; and(c) it may make any orders necessary to ensure the attendance of any other person at the time and place to which the trial or other proceeding is adjourned.
(5) If a court adjourns a trial or other proceeding the clerk of arraigns or a registrar must give notice of the adjournment and of the new hearing date —
(a) to any person who is required to appear at the trial or proceeding, and any surety of such a person; and
(b) if a person who is required to appear at the trial or proceeding is in legal custody, to the chief executive officer under the
Prisons Act 1981 .
9. Appearance by audio links or video links (1) A court may direct that an accused, offender or other person appear before the court by means of an audio link or a video link.
(2) If an accused, offender or other person appears before the court by means of a video link, the appearance is to be taken to be an appearance in person before the court for all purposes including for the purposes of section 635 of the Code.
(3) The place where an accused, offender or other person is when appearing before the court by means of an audio link or a video link, is to be taken to be part of the court.
(4) This rule is in addition to and does not affect section 647 of
The Criminal Code , sections 14 or 14A of theSentencing Act 1995 , or sections 120 to 132 of theEvidence Act 1906 .
Unless these rules expressly specify a time for obeying any duty the duty must be obeyed as soon as practicable.
The court may extend or shorten any period set by these rules for doing any act on any terms it thinks are just.
(1) On being instructed to act for an accused, whether in the capacity of solicitor or counsel, a lawyer must file, and serve on the DPP, a notice in the form of Form 2.
(2) The duty in subrule (1) arises —
(a) when the accused is committed to the court for trial or sentence; or
(b) if the accused is not so committed, when an indictment is presented against the accused.
(3) Subrule (1) applies to a lawyer even if —
(a) another lawyer also acts for the accused in another capacity;
(b) having been instructed to act in one capacity, the lawyer is instructed to act for the accused in another capacity.
13. Duty to notify when ceasing to act for an accused (1) A lawyer who has complied with rule 12 and who ceases to be instructed to act for an accused in any capacity must file, and serve on the DPP, a notice in the form of Form 2 at least 21 days before the date when the next court proceedings involving the accused are listed.
(2) If it is not possible to comply with subrule (1) the lawyer must apply for leave to cease to act.
(3) On an application for leave the court may give leave on any terms it thinks are just.
A lawyer who has filed a notice in the form of Form 2 is to be taken to be acting for the accused in the capacity shown in the notice until —
(a) the lawyer files another notice under rule 12 or a notice under rule 13;
(b) another lawyer, who acts in the same capacity, files a notice under rule 12; or
(c) the court gives leave under rule 13(3).
(1) This Part, with any necessary changes, also applies to a lawyer who is instructed to act or who ceases to be instructed to act for an offender.
(2) This Part, with any necessary changes, also applies to a lawyer who is instructed to act or who ceases to be instructed to act for an accused who is a party to an appeal or other proceedings arising from the trial or sentencing of the accused.
(1) This Part applies if a corporation is an accused.
(2) In this rule —
(1) The corporation may appoint an individual to be its representative in proceedings before the court.
(2) The appointment need not be under the seal of the corporation and, if it is not, a certificate signed by another individual who has, or purports to have, the management of the corporation certifying the appointment has been made is admissible as
prima facie proof of the appointment.(3) A corporation’s representative is not, by reason only of the appointment, qualified or entitled to act on behalf of the corporation for any purposes other than those of this Part.
(1) The corporation may appear before the court by its representative who on behalf of the corporation may do all things that an accused who is an individual may do before the court.
(2) If the corporation appears by its representative —
(a) a requirement to read, say, ask or do any thing in the presence of the accused is to be construed as a requirement to read, say, ask or do the thing in the presence of the representative;
(b) any thing that must or may be done or said by an accused personally may be done or said by the representative; and
(c) any thing done or said or omitted to be said by the representative is to be taken as having been done or said or omitted to be said by the corporation.
(3) If the corporation does not appear by its representative —
(a) it is not necessary for any requirement referred to in subrule (2)(a) to be complied with;
(b) the court must enter a plea of not guilty on behalf of the corporation unless it enters a plea under rule 19.
(4) This rule does not limit the operation of section 634 of the Code.
(1) Any plea by the representative on behalf of the corporation must be in writing.
(2) A written plea by the representative is for all purposes to be taken to be the plea of the corporation.
(1) An indictment must be in the form of Form 3.
(2) An indictment must not name as the place of trial any place where the court does not sit in its criminal jurisdiction.
(3) The indictment must contain a list of the witnesses that the State proposes to subpoena to appear if the indictment proceeds to an actual trial.
(4) An indictment must be presented by filing it, or presenting it to a judge in open court.
(5) Without affecting the operation of section 613 of the Code, an indictment must be served on the accused after it is presented.
(1) An accused must not be arraigned on an indictment until at least 21 days after it is presented unless, on an oral application by a party, the court orders otherwise.
(2) An accused must be arraigned in the manner provided by section 612 of the Code or by subrule (3).
(3) If the indictment contains more than one charge and the court is satisfied that the accused is literate the court may direct that the accused be arraigned as follows —
(a) the accused is to be given a copy of the indictment prior to or at the time of being arraigned and directed to read it;
(b) the accused is to be asked to confirm that he or she has received the copy and has read and understood it;
(c) the accused is to be read a summary of the offences charged in the indictment; and
(d) the accused is to be asked how he or she pleads to the charges in the indictment.
(1) If an indictment has not been presented against an accused who has been committed for trial or sentence a nolle prosequi under section 11 of
The Grand Jury Abolition Act Amendment Act 1883 must be in the form of Form 4.(2) If an indictment has been presented against an accused, a nolle prosequiunder section 581 of the Code must be in the form of Form 5.
(3) A nolle prosequi must be filed, and served on —
(a) the accused and on any person who under the
Bail Act 1982 is a surety for the accused;(b) any witness who is bound by a recognisance to appear at the trial of the accused; and
(c) any witness who has been served with a subpoena to appear at the trial of the accused.
Part 6 – Specific applications
(1) These rules do not limit or affect the operation of section 4 of the
Bail Act 1982 .(2) An application to the Supreme Court under section 13, 14 or 15 of the
Bail Act 1982 must be supported by an affidavit unless the court orders otherwise.
(1) An accused who has been committed to a court for trial or sentence may apply at any time for an order that the DPP present an indictment against the accused.
(2) An accused against whom an indictment has been presented may apply at any time for an order setting a date for the actual trial.
(3) On an application under subrule (1) or (2) or section 608 or 609 of the Code, the court may —
(a) order the DPP to present an indictment against the accused within a period set by the court;
(b) order the actual trial to commence on a date fixed by the court;
(c) order that the accused be discharged in relation to an alleged offence for which he or she has been committed to the court;
(d) adjourn the proceedings to a status hearing;
(e) adjourn the application.
25. Application for a stay of proceedings (1) A party may apply at any time to the court for an order staying proceedings permanently or temporarily.
(2) If an application made under subrule (1) is dismissed, another application of the same kind can only be made in respect of the indictment or proceedings if there has been a material change in circumstances and then only on the grounds of the changed circumstances.
If an application made under section 614 of the Code is dismissed, another application of the same kind can only be made in respect of the indictment or proceedings if there has been a material change in circumstances and then only on the grounds of the changed circumstances.
(1) An accused who under section 651A of the Code wants to elect to be tried by a judge alone must apply to make the election.
(2) The application must be supported by an affidavit of the accused that —
(a) identifies the alleged offence or offences in respect of which the accused wants to be tried by a judge alone;
(b) says that the accused intends to plead not guilty when arraigned on those offences;
(c) identifies any person who is jointly charged with the accused with those offences and, if known, says whether that person intends to elect to be tried by judge alone;
(d) says whether the State will consent to the actual trial proceeding without a jury; and
(e) says that the accused does not know the identity of the trial judge.
(1) An application under section 4 or 6 of the
Criminal Injuries (Compensation) Act 1970 may be made to the court —(a) orally immediately after the conviction or acquittal of the person against whom an order is sought; or
(b) at a later time by a written application supported by an affidavit.
(2) A written application and the supporting affidavit must be served on the chief executive officer of the department of the Public Service principally assisting the Minister who administers the
Criminal Injuries (Compensation) Act 1970 , and the person against whom the order is sought, at least 14 days before the day when the application is listed to be heard.(3) On an application the court may inform itself in any manner it thinks fit in order to decide on the proper order to be made and in particular may have regard to —
(a) the depositions and statements of witnesses made for the purposes of committing the accused for trial or sentence;
(b) the evidence given at the trial in any other court or proceeding;
(c) other evidence given orally, by affidavit or in a manner allowed by the court.
(4) The hearing of an application must be in open court.
(5) The hearing of an application may be adjourned from time to time but must not be finally determined until the time for appealing or applying for leave to appeal against the conviction or acquittal has expired.
(6) On the hearing of an application the court may exercise the powers in section 635A of the Code.
(7) If the parties to an application each agree, the court may, without conducting a hearing, deal with the application by considering the application and the supporting affidavit together with any other documents or written submissions that are filed.
If a party or other person wants a person who is in legal custody to be present to give oral evidence, he or she must file a request in the form of Form 6.
(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.
(2) A request for a subpoena returnable to sittings of the Supreme Court at a circuit town may be filed at any registry of the District Court other than the Central Law Courts at Perth.
(3) When a request is filed a registrar must issue one or both subpoenas to the witness as the request requires.
(4) A subpoena must be issued under the seal of the court.
(5) A registrar of the District Court at a place other than the Central Law Courts at Perth may issue a subpoena for and on behalf of the Supreme Court under the seal of the District Court and in that case the subpoena has the same force and effect as if issued by the Supreme Court.
(6) A subpoena must contain or be accompanied by the information to the witness in Schedule 2.
(7) A subpoena to produce a record or thing must be made returnable to the date of a pre‑trial hearing or, if it is not practicable to do so, of another proceeding at which a judge is presiding.
(1) A subpoena must be served personally on the witness.
(2) At the time the witness is served with a subpoena or at a reasonable time before the date stated in it for compliance —
(a) an amount that is sufficient to meet the witness’s reasonable expenses of complying with it must be tendered to the witness;
(b) arrangements to enable the witness to comply with it must be made with the witness; or
(c) the means to enable the witness to comply with it must be provided to the witness.
(3) The person who requested the subpoena must ensure that subrule (2) is complied with.
(4) Service of a subpoena and compliance with subrule (2) may be proved —
(a) by evidence on oath; or
(b) by tendering a copy of the subpoena that has been endorsed with the details of service and compliance with subrule (2) and signed by the person who served the subpoena and complied with subrule (2).
32. Subpoenas, setting aside (1) On an application by the witness, a party or a person who has a sufficient interest in the subpoena, the court may set a subpoena aside, wholly or in part and on any terms it thinks fit.
(2) The court may make any orders as to the payment of the costs of the application that it thinks fit.
(1) At the pre‑trial hearing or other proceeding at which a subpoena to produce a record or thing is returnable —
(a) the witness must produce the record or thing and deliver it into the custody of the court; and
(b) having done so, the witness is released from the subpoena.
(2) At the pre‑trial hearing or other proceeding the court may —
(a) give leave for any party or other person to inspect the record or thing or to take a copy of the record;
(b) order the record or thing to be returned to the person who produced it on any terms or conditions the court thinks fit;
(c) make any other orders it thinks fit in relation to the record or thing.
(3) If a record or thing is in the custody of the court at the date of the actual trial it must be produced then by the clerk of arraigns.
(1) A party or other person may apply to the court for the issue of a warrant to arrest a witness.
(2) The court must not issue the warrant unless it is satisfied by evidence on oath that —
(a) the witness is likely to be able to give oral evidence or to produce some record or thing; and
(b) the witness would probably not obey a subpoena if served with it.
(3) A warrant to arrest a witness (whether issued under this rule or under section 16(1)(b) of the
Evidence Act 1906 ) must be in the form of Form 10.(4) A witness who is arrested under a warrant must be taken before the court and for that purpose may be taken before the court —
(a) at any place where it is then sitting; or
(b) by means of an audio link or video link.
(5) When a witness who has been arrested is brought before the court the court, by a warrant in the form of Form 11 —
(a) may order the witness be imprisoned until the hearing concerned; or
(b) may order the witness be imprisoned until the hearing concerned unless before then he or she enters into a recognisance in the form of Form 12, with or without a surety, to secure the witness’s appearance at the hearing concerned.
(6) A court may at any time cancel or amend a warrant to imprison a witness.
(7) A court must cancel a warrant to imprison a witness if the witness is no longer required to give oral evidence or to produce some record or thing.
(8) If a witness does not appear in accordance with a recognisance, the clerk of arraigns must certify the non‑appearance on it.
(9) The certificate of the clerk of arraigns on a recognisance is
prima facie evidence that the witness has failed in a condition of it.(10) This rule does not affect the operation of section 16 of the
Evidence Act 1906 .
(1) On the application of a party or on its own initiative, a court may order that an accused who has been committed to the court for trial or sentence be dealt with by another court of competent jurisdiction in respect of some or all of the charges for which the accused was committed.
(2) Subrule (1) does not limit section 577 of the Code.
(3) If a court makes an order under subrule (1) the last 3 paragraphs of section 577 of the Code apply with any necessary changes.
If a court makes an order under section 577 or 611 of the Code or under rule 35(1) that a trial be held in another court or at another place the clerk of arraigns or a registrar must —
(a) send the order and the court’s papers to a registrar of the other court or to a registrar at the other place, as the case requires; and
(b) in writing notify any person who is required to appear at the trial, and any surety of such a person, of the change of court or place.
[ 37-39. Repealed in Gazette 31 Oct 2003 p. 4564.]
(1) If on being arraigned an accused enters any plea other than a plea of guilty, the proceedings may be adjourned to a status hearing.
(2) If a new trial is ordered (whether at trial or on appeal) the court may order that a status hearing be held.
(3) The court must fix the time and place for a status hearing.
(4) A judge must preside at a status hearing.
(5) At a status hearing the court must inquire into these matters —
(a) whether all requirements imposed by or under the Code or the
Justices Act 1902 to file and serve a document have been complied with;(b) whether there are any matters that should be dealt with at a pre‑trial hearing;
(c) whether the case is ready to go to an actual trial;
(d) the dates when the parties will be available for an actual trial.
(6) At a status hearing the court may —
(a) deal with any application under section 577, 610 or 651A of the Code or under rule 35;
(b) make an order under section 611B(6) or 611C(3) of the Code;
(c) adjourn the status hearing from time to time;
(d) order that a pre‑trial hearing be held to deal with specified issues and fix the time and place for it;
(e) fix the date of the actual trial.
(7) At the conclusion of a status hearing the proceedings are to be adjourned to the date of a pre‑trial hearing or to the date of the actual trial, as the case requires.
(1) A pre‑trial hearing is to be held if the court so orders —
(a) at a status hearing;
(b) on the application of a party at any time before trial; or
(c) on its own initiative at any time before trial.
(2) A judge must preside at a pre‑trial hearing.
(3) At a pre‑trial hearing the court may —
(a) make an order under section 611B(6) or 611C(3) of the Code;
(b) exercise its powers under section 585 of the Code;
(c) make a direction under section 592 of the Code;
(d) exercise its powers under section 611A of the Code;
(e) deal with an application under section 624 of the Code;
(f) give directions for the use at trial of charts, summaries or other explanatory documents to aid comprehension of evidence to be given at the trial;
(g) with the consent of the parties, and where the court thinks it desirable and convenient to do so, direct that evidence be given at the trial other than strictly in accordance with the laws of evidence;
(h) deal with the return of a subpoena to produce a record or thing;
(i) deal with an application to set aside a subpoena;
(j) give directions for obtaining and using an interpreter at trial;
(k) give directions under section 641 of the Code for the holding of a view;
(l) decide any question of law arising in relation to the indictment;
(m) decide any questions of evidence or procedure;
(n) deal with an application or make orders under the
Evidence Act 1906 in respect of children or special witnesses;(o) adjourn the pre‑trial hearing from time to time.
(4) At the conclusion of the pre‑trial hearing the proceedings are to be adjourned to the date of the actual trial.
(1) On the application of the DPP and if satisfied that —
(a) an indictment has been presented to the court in respect of the accused; or
(b) if no indictment has been presented, that the accused has been committed to the court for trial or sentence,
the court may issue a warrant to arrest an accused.
(2) A warrant to arrest an accused must be in the form of Form 12 in the Schedule to the
Justices (Forms) Regulations 1982 .(3) An accused who is arrested pursuant to a warrant must be taken before the court and for that purpose may be taken before the court —
(a) at any place where it is then sitting; or
(b) by means of an audio link or video link.
(4) Subrule (3) does not limit the operation of section 16 of the
Bail Act 1982 or section 43(7) of theYoung Offenders Act 1994 .
A warrant to remand an accused in custody must be in the form of Form 13 in the Schedule to the
A warrant of commitment to imprison an offender must be in the form of Form 1 in Schedule 1 to the
For the purposes of sections 626, 632, 636, 639 and 654 of the Code the proper officer is the clerk of arraigns or a person directed by the judge to be the proper officer or, in the absence of either, the judge.
On the application of a party or on its own initiative a court may direct the jury to be given copies of —
(a) the indictment and any written particulars relating to it;
(b) any record admitted in evidence;
(c) any statement of fact or law;
(d) any charts, summaries or other explanatory documents to aid comprehension of the evidence given at the trial.
(1) A request by an offender under section 32(1) of the
Sentencing Act 1995 must be in the form of Form 13.(2) The request must be filed with the court at least 14 days before the date when the offender is to be sentenced by the court.
(3) The court must give a copy of the request —
(a) to any court of summary jurisdiction in which the offender has indicated there are pending charges against the offender; and
(b) to the DPP.
(4) The clerk of the court of summary jurisdiction must give —
(a) the original complaints that relate to pending charges against that offender in that court to the sentencing court; and
(b) a copy of those complaints to the DPP.
(5) The DPP must prepare a list, in the form of Form 14, of those pending charges against the offender that the State will consent to being dealt with by the sentencing court and must give a copy of the list and a copy of the complaints that relate to the listed pending charges to the offender or the offender’s lawyer.
(6) The offender must indicate on the list of pending charges —
(a) which of the listed pending charges of which the offender has not previously been convicted the offender intends to plead guilty to; and
(b) which of the listed pending charges the offender wants the sentencing court to pass sentence for,
and must sign the list and return it to the DPP.
(7) The DPP must file the signed list of pending charges in the sentencing court.
(8) When the signed list of pending charges is filed the clerk of arraigns must immediately send back to the court of summary jurisdiction concerned the original complaint of any charge against an offender that is not listed or that will not be dealt with by the sentencing court by reason of the offender’s intentions.
(9) After the sentencing court has sentenced the offender, the clerk of arraigns must —
(a) notify each court of summary jurisdiction of any pending charge in that court that was dealt with by the sentencing court and of the sentence imposed on the offender for the charge; and
(b) send back to each court of summary jurisdiction the original complaint relating to any pending charge in that court that was not dealt with by the sentencing court.
(1) A party to sentencing proceedings who intends to call a witness in those proceedings must file a statement of the witness, and serve a copy on any other party who does not already have a copy.
(2) A party to sentencing proceedings who intends to refer in those proceedings to any record must file it, and serve a copy of it on any other party who does not already have a copy.
(3) Without limiting subrule (2), it applies to the report of an expert, a record of interview, a video‑tape, a character reference, an antecedent report and a criminal history.
Without limiting the operation of section 14 of the
(1) In this rule —
(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
(f) an order imposing a disqualification on that person.
(2) If an accused is convicted or an offender is sentenced in a court, the person convicted or sentenced, the DPP or any other person who is, or is to be, affected by the operation of the relevant statutory provision or the order in relation to which the stay order is sought may apply to the court for a stay order.
(3) The application may be made at any time after the conviction and before an appeal is finally determined in relation to the conviction or sentence.
(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.
In this Part —
(1) The CCA is to sit on the days and at the times that the Chief Justice directs.
(2) The Chief Justice must publicise any such direction in any manner he or she thinks fit.
(1) An appeal to the CCA by an offender must be commenced by filing, and serving on the DPP, a notice in the form of Form 15.
(2) An appeal to the CCA by the prosecution must be commenced by filing, and serving on the respondent, a notice in the form of Form 15.
(3) The notice must state briefly —
(a) the grounds of the appeal and the particulars in support of them; and
(b) the final orders that it is proposed the CCA should make on the appeal.
(4) In particular the notice must not merely allege —
(a) that the trial judge erred in law or in fact;
(b) that the verdict is against the evidence or the weight of the evidence or is unreasonable and can not be supported having regard to the evidence;
(c) that the conviction is unsafe or unsatisfactory; or
(d) that the sentence is excessive or inadequate,
but must specify the particulars relied on to support any of those grounds of appeal.
(5) The notice may include an application for an order under section 697(a), (b) or (c) of the Code if any of the grounds of the appeal give rise to a need for such an order and if it does, the notice must be accompanied by an affidavit that describes the evidence to be produced or given and says how it is relevant to the grounds.
(6) If an offender intends to apply under section 699 of the Code for leave to be present the notice must include an application for leave and the grounds for the application.
(7) The notice may include an application for the CCA to give a guideline judgment in which case the application must comply with rule 65(4).
An application under section 695 of the Code for an extension of time must be supported by an affidavit that must exhibit a notice that complies with rule 53.
The CCA, on the application of a party to an appeal or on its own initiative, may —
(a) order that further particulars be provided by a party in support of a ground of appeal;
(b) strike out a ground of appeal for which inadequate particulars are specified in the notice of appeal;
(c) order that a party file and serve an amended notice of appeal.
(1) A request by the Attorney General under section 693A of the Code must be made by filing in the court that tried the accused concerned, and serving on the parties and any person affected by the proposed referral of the question of law, an application and a supporting affidavit.
(2) The supporting affidavit must —
(a) set out the circumstances out of which arose the question of law;
(b) formulate the question of law; and
(c) identify any record that should be considered by the CCA.
(3) The judge who tried the accused must refer the question of law to the CCA by sending the CCA a document in the form of Form 16 together with —
(a) a copy of the application and the supporting affidavit;
(b) the statement required by section 693A(2) of the Code; and
(c) a list of any other records that the judge thinks should be considered by the CCA.
(4) A registrar of the Supreme Court must ensure the CCA is provided with all the records relevant to considering the question of law.
(1) Any party may apply to the court under —
(a) section 49 of the
District Court of Western Australia Act 1969 ; or(b) section 43(1) of the
Supreme Court Act 1935 ,
for the court to reserve a case, point or question to the CCA or to direct that it be argued before the CCA.
(2) The application must be supported by an affidavit that —
(a) sets out the circumstances out of which arose the case, point or question;
(b) formulates the case, point or question; and
(c) identifies any record that should be considered by the CCA.
(3) The application and the supporting affidavit must be filed, and served on the other parties and on any person affected by the case, point or question.
(4) To reserve a case, point or question to the CCA, a trial judge must send the CCA a document in the form of Form 16 together with —
(a) a copy of the application and supporting affidavit, if any; and
(b) a list of any records that the judge thinks should be considered by the CCA.
(5) A registrar of the Supreme Court must ensure the CCA is provided with all the records relevant to considering the case, point or question.
(6) Subrules (1) to (3) do not prevent a court from reserving a case, point or question on its own initiative.
(1) If under section 140 of the
Sentencing Act 1995 a petition is referred to the CCA, the petitioner, the DPP, the offender or any other person affected by the reference may apply to the CCA for directions.(2) On such an application the CCA may give any directions that are necessary for dealing with the petition including directions as to who is to have the conduct of the reference.
Upon the commencement of an appeal the CCA may make any stay order that a court may make under rule 50.
For the purpose of section 696 of the Code the transcript of the record of proceedings, certified as referred to in rule 72(1), is to be taken to be the judge’s notes of a trial.
(1) A party to an appeal or any other matter before the CCA may apply for an order under section 697(a), (b) or (c) of the Code.
(2) The application must be supported by an affidavit that describes the evidence to be produced or given and says how it is relevant to the grounds for the appeal or to an issue before the CCA.
(3) If on such an application the CCA, under section 697(b) of the Code, orders that a witness is to be examined by the CCA, the CCA is to fix the time and place for the examination.
(4) If on such an application the CCA, under section 697(b) of the Code, orders that a witness is to be examined before a person other than the CCA (the
“ examiner ” ) a registrar must —(a) fix the time and place for the examination;
(b) notify the examiner; and
(c) notify the parties.
(5) When the time and place for an examination is fixed under subrule (3) or (4) a registrar must issue a subpoena under Part 7 to the witness.
(6) The subpoena must be served on the witness by the party that applied for the order unless the CCA orders otherwise.
(7) An examination of a witness before an examiner must be on oath and recorded.
(8) The examiner may administer an oath to the witness.
(9) A party to the appeal or matter is entitled to be present at and take part in the examination.
(10) On completing the examination, the examiner must —
(a) certify that the recorded version of the witness’s evidence is accurate; and
(b) give a registrar the certified recorded version and any record or thing referred to by the witness.
(11) The registrar must keep the material supplied by the examiner in safe custody and must deal with it in accordance with the directions of the CCA.
(1) If under section 697(d) of the Code the CCA makes an order, the order —
(a) must identify the special commissioner who has been appointed;
(b) must specify the question that the special commissioner is to inquire into and report on;
(c) must specify the documents or accounts to be examined, or the scientific or local investigation to be conducted;
(d) may give directions as to how and when the examination or investigation is to be conducted and as to whether and how any party to the appeal or matter may participate in it;
(e) may give any other directions necessary for the conduct of the examination or investigation.
(2) If under section 697(e) of the Code the CCA makes an order, the order —
(a) must identify the assessor who has been appointed;
(b) must specify the special expert knowledge for which the assessor has been appointed;
(c) may specify any question that the assessor is to assist the CCA with;
(d) may give directions as to how and when the assessor is to assist the court;
(e) may give any other directions necessary for the use by the CCA of the assessor.
(3) A registrar must serve the order on the special commissioner or the assessor together with any records that the CCA directs to be served.
(4) A special commissioner or assessor must give any report required of him or her by the CCA to a registrar who must deal with it in accordance with directions of the CCA.
(1) Without limiting section 702 of the Code, a single judge of the Supreme Court may, in the same manner as the CCA, deal with an application and exercise the powers under —
(a) rules 55, 58, 59 and 67; and
(b) section 697(a), (b) or (c) of the Code.
(2) If under section 702 of the Code or subrule (1) a single judge refuses an application by an appellant and the appellant wants the application determined by the CCA, the appellant must file, and serve on the other party, a notice in the form of Form 17 within 14 days after the refusal.
(3) If a notice is not filed in accordance with subrule (2) the refusal by the single judge is to be taken to be a refusal by the CCA.
(4) A single judge may adjourn proceedings from time to time.
(1) A single judge of the Supreme Court may, in the same manner as the CCA —
(a) in the case of an unrepresented party, give directions as to or recommending the provision of legal aid or assistance;
(b) give directions as to the content, form and preparation of the appeal books or the sets of papers to be used by the CCA at the hearing of the appeal or matter;
(c) in the case of an unrepresented appellant, direct that no appeal books be prepared and that instead a registrar must cause sufficient copies of documents specified by the single judge to be provided to the CCA at the hearing of the appeal or matter;
(d) give directions to enable a party to an appeal or matter to present his or her case in writing.
(2) If a single judge refuses an appellant’s application for a direction under this rule the appellant is not entitled to have the application determined by the CCA.
(1) This rule does not limit section 143 of the
Sentencing Act 1995 .(2) A guideline judgment may be given in respect of one appeal or in respect of a number of appeals, even if they are not heard together.
(3) A guideline judgment may be given on the application of a party to an appeal or by the CCA on its own initiative.
(4) An application for the CCA to give a guideline judgment must set out the guidelines that it is proposed the CCA should give.
(1) An appeal or an application under section 695 of the Code for an extension of time may be discontinued at any time by filing, and serving on every other party, a notice in the form of Form 18.
(2) On the filing of the notice the appeal or application is to be taken to have been dismissed by the CCA.
(1) The CCA may issue a warrant to enforce an order it makes.
(2) A warrant must be in a form provided for by Part 9.
(1) A registrar must issue a certificate, in the form of Form 19, of the final outcome of every appeal or other proceeding before the CCA and the orders made as a result.
(2) The certificate must be issued in addition to any warrant needed to enforce an order of the CCA.
(3) A copy of any warrant needed to enforce an order of the CCA must be attached to the certificate.
(4) A copy of the certificate must be sent to —
(a) the Commissioner of Police;
(b) the chief executive officer of the department of the Public Service principally assisting the Minister who administers the
Sentence Administration Act 2003 ;(c) the chairperson of the Parole Board;
(d) if the case requires, the chairperson of the Mentally Impaired Defendants Review Board; and
(e) any person to whom an order made by the court in the appeal or other proceedings is directed.
(5) The certificate is the formal record of the CCA and forms part of the Supreme Court’s record.
This Part does not prevent a transcript of court proceedings being in an electronic form.
(1) A registrar may direct that the whole or a part of any proceedings or class of proceedings be recorded.
(2) A registrar may direct that the whole or a part of any record or class of record be transcribed into written English.
(1) In this rule a reference to recording court proceedings or to transcribing records of court proceedings includes a reference to copying a record or transcript of court proceedings.
(2) A person who records court proceedings or who transcribes records of court proceedings or who checks the accuracy of transcripts of court proceedings is, while doing so, an officer of the court and must obey any directions of a judge or a registrar in respect of those activities.
(3) A person who records court proceedings must —
(a) check that the recording equipment is working properly;
(b) monitor the equipment and ensure that an accurate record is made; and
(c) identify the record.
(4) A person who transcribes a record of court proceedings must —
(a) enter in a register the identification of the record;
(b) accurately transcribe the record into written English; and
(c) include on each page of the transcript information to identify the proceedings and the speakers and any other matter directed by a registrar.
(5) A person who checks a transcript, or who copies a record or transcript, of court proceedings must —
(a) ensure that the transcript is an accurate transcription of the record or that the copy is an accurate copy, as the case requires; and
(b) having done so, certify that it is accurate.
(6) A person who records, copies, transcribes or checks the accuracy of transcripts of court proceedings must at all times ensure the safe custody of the record of the proceedings.
(1) A transcript or a copy that has been certified under this Part to be accurate is to be taken to be an accurate account of the proceedings and to accurately identify what was said by whom in the proceedings.
(2) Whether or not a transcript or a copy has been certified under this Part to be accurate, a person may apply to a registrar to have the accuracy of a specific part of the transcript checked.
(3) On such an application a registrar must cause the transcript to be checked for accuracy, corrected if necessary and certified to be accurate.
(1) An accused is entitled to receive, free of charge and as soon as it becomes available, one copy of the record or of the certified transcript of the record of any proceedings directly concerning him or her.
(2) The DPP is entitled to receive, free of charge and as soon as it becomes available, one copy of the record or of the certified transcript of the record of any proceedings in which the DPP is involved.
(3) A party may apply to a registrar for additional copies of the record or of the transcript of the record to which the party is entitled.
(4) A registrar may determine the cost of any additional copies requested and if the party pays the amount must supply them.
(1) A registrar must ensure that the recording and any transcript of the recording of any proceedings in the court —
(a) are sufficiently registered and marked for identification;
(b) are kept in safe custody; and
(c) unless the court orders to the contrary, are not destroyed until 2 years after the conclusion of the proceedings, or the last date for commencing any appellate proceedings in relation to the proceedings, whichever is the later.
[(2) repealed]
Without limiting section 127 of the
(1) A person who is not a party to a proceeding may apply to a registrar for leave to inspect or obtain a copy of —
(a) the record, or the certified transcript of the record, of the proceeding; or
(b) any other record in the possession of the court in relation to the proceedings, including documents (including those in electronic form) and other things tendered in evidence in the proceedings.
(2) The application must be in writing and must set out the grounds of the application.
(3) Subject to —
(a) any order made under section 635A of the Code;
(b) section 22 of the
Sentencing Act 1995 ; and(c) any other order or written law that prohibits or restricts the publication or possession of the record to which the application relates,
a registrar, if satisfied that the applicant has sufficient cause to be granted leave, may grant the application subject to the applicant paying or making arrangements to pay the cost of supplying the copy.
(4) A registrar may determine the cost of supplying the copy.
(1) At every trial or other proceeding before a court the clerk of arraigns must ensure that there is a record of —
(a) particulars of the indictment or other originating document;
(b) the plea, if any, entered by or on behalf of the accused;
(c) the names of counsel, jurors and witnesses;
(d) the times when particular aspects of the trial or proceeding occur;
(e) the description of and the unique identifier given to each exhibit;
(f) the particulars of the verdict or result of the trial or proceeding;
(g) the final outcome of the trial and proceeding and the orders made as a result;
(h) any special order or direction made during the course of the trial or proceeding.
(2) The records required by subrule (1) may be made either by the clerk of arraigns, or as part of a record made under Part 13 of the trial or proceeding, or both.
(1) The clerk of arraigns must issue a certificate, in the form of Form 20, of the final outcome of a trial or other proceeding before the court and the orders made as a result.
(2) The certificate must be issued in addition to any warrant needed to enforce an order of the court.
(3) A copy of any warrant needed to enforce an order of the court must be attached to the certificate.
(4) The certificate must be signed by the judge who presided at the trial or other proceeding.
(5) A copy of the certificate must be sent to —
(a) the Commissioner of Police;
(b) the chief executive officer of the department of the Public Service principally assisting the Minister who administers the
Sentence Administration Act 2003 ;(c) the chairperson of the Parole Board;
(d) if the case requires, the chairperson of the Mentally Impaired Defendants Review Board; and
(e) any person to whom an order made by the court in the trial or other proceedings is directed.
(6) The certificate is the formal record of the court and forms part of the court’s record.
(1) A registrar must ensure that all exhibits tendered in any trial or other proceedings before the court are kept in safe custody.
(2) When the time for commencing appellate proceedings in relation to the proceedings has passed a registrar —
(a) if no appellate proceedings have been commenced — must return each exhibit to the party who tendered it or to a person who appears to a registrar to be entitled to it unless directed otherwise by the court; or
(b) if appellate proceedings have been commenced — must deal with the exhibits according to law.
Part 15 – Miscellaneous
(1) The Criminal Practice Rules are repealed.(2) The
Sentencing Rules 1996 are repealed.
o Court of Criminal Appeal o Supreme Court o District Court At: Number: | ||||
Matter | [ | |||
Applicant | [ | |||
Application details | The applicant applies for — [ | |||
Hearing details | This application will be heard — at [ on [ | Court stamp | ||
Signature of applicant or lawyer | ........................................................ Applicant/Applicant’s lawyer | Date: | ||
o Court of Criminal Appeal o Supreme Court o District Court At: Number: | |||
Matter | [ | ||
Client | [ | ||
Proceedings | o committed for sentencing o committed for trial o appeal o application for leave to appeal o other proceedings (describe): | ||
Notice [Mark one box] | The lawyer or firm of practitioners named below — o is acting as o is acting as o is acting as o has ceased to act in any capacity for the above client in the above proceedings. | ||
Lawyer or firm of practitioners | Name: Address: Telephone: Fax: | ||
Signature of lawyer | Date: | ||
o Supreme Court o District Court At: Number: | |||
Parties [Include names of any co‑accused(s)] | R v. | ||
Charge(s) | The Attorney General [ informs the Court that — [ | ||
Witnesses | The State intends to subpoena the people on the attached list to give evidence. | ||
Signature of prosecutor | ........................................................ [ | Date: | |
o Supreme Court o District Court At: Number: | |||
Defendant | Family name: Given name(s): | Date of birth: | |
Committal details [*: delete the inapplicable] | On [ [ | ||
Nolle prosequi | The Attorney General [ informs the Court that the State will not present an indictment against the defendant in respect of the above charge(s). | ||
Signature of prosecutor | ........................................................ [ | Date: | |
o Supreme Court o District Court At: Number: | |||
Parties [Include names of any co‑accused(s)] | R v. | ||
Accused | [ | Date of birth: | |
Nolle prosequi | The Attorney General [ informs the Court that the State will not proceed further on the indictment dated [ informs the Court that on the indictment dated [ [ | ||
Signature of prosecutor | ........................................................ [ | Date: | |
o Court of Criminal Appeal o Supreme Court o District Court At: Number: | ||||
Matter | [ | |||
Applicant | [ | |||
Request | The applicant requests the Court to require the following person(s) to be present on [ | |||
Full name of person in custody | Place of custody (if known) | |||
Signature of applicant or lawyer | ………………………………… Applicant/Applicant’s lawyer | Date: | ||
o Court of Criminal Appeal o Supreme Court o District Court At: Number: | |||
Matter | [ | ||
Applicant | [ | ||
Request | The applicant requests the Court to issue the attached subpoena(s) requiring the named witness(es) to give or produce evidence on behalf of the above applicant in this matter. | ||
Signature of applicant or lawyer | ........................................................ Applicant/Applicant’s lawyer | Date: | |
o Court of Criminal Appeal o Supreme Court o District Court At: Number: | |||
Matter | [ | ||
To: [Witness’s details] | [ | ||
Place and time to appear | You must appear personally as follows: Date: Time: Place: You must appear at the Court until you are released by the Court, not only on the above date but also on subsequent days. | ||
Issuing details | This subpoena is issued on [ | Court seal | |
Service details [*Police only] | I personally served a copy of this subpoena and the “Notice to witness” in Schedule 2 to the At the same time I gave the witness [ Name of server: Signature: *Police registered number: Station: | ||
o Court of Criminal Appeal o Supreme Court o District Court At: Number: | |||
Matter | [ | ||
To: [Witness’s details] | [ | ||
Place and time to appear [Pre‑trial hearing] | You must appear personally as follows: Date: Time: Place: | ||
Records or things to be produced | You must bring and produce to the Court the following: [ | ||
Issuing details | This subpoena is issued by the Court on [ | Court seal | |
Service details [*Police only] | I personally served a copy of this subpoena and the “Notice to witness” in Schedule 2 to the At the same time I gave the witness [ Name of server: Signature: *Police registered number: Station: | ||
o Court of Criminal Appeal o Supreme Court o District Court At: Number: | ||||
To: | ||||
Witness | Name: Address: | Date of birth (if known): | ||
Matter in which witness is required | The above person is wanted as a witness in the following matter: [ | |||
Command | ||||
Warrant issued by | Signature: Judge/Clerk of arraigns | Date: | ||
Arrest details | This person was arrested on …../…../….. at …….. hours at: by: Registered No.: of: police station. Signature: Date: | |||
o Court of Criminal Appeal o Supreme Court o District Court At: Number: | |||
To: | |||
Witness | Name: Address: | Date of birth: | |
Matter in which witness is required | The above person is wanted as a witness in the following matter: [ | ||
[*delete if not applicable] [**include if surety is required] | |||
Hearing details | Date: Time: Place: | ||
Warrant issued by | Signature: Judge/Clerk of arraigns | Date: | |
o Court of Criminal Appeal o Supreme Court o District Court At: Number: | |||
Witness | Name: Address: | Date of birth: | |
Matter in which witness is required | [ | ||
Undertaking by witness | I undertake to appear personally before the above Court
at: [ to give evidence in the above matter. I undertake to remain at the above Court until I am released by the Court, not only on the above date but also on subsequent days. I agree that if I do not obey the above undertakings I will forfeit $ to the State. Signed: In the presence of: [ Date: | ||
Is a surety required? | o Yes o No Amount: $ | ||
Surety’s agreement [If required] | Name: Address: I agree to forfeit $ to the State if the above witness does not obey the above undertakings. Signed: In the presence of: [ Date: | ||
o Supreme Court o District Court At: Number: | ||||||
Accused | Full name: Address: | Date of birth: | ||||
Charges before Supreme or District Court | Charge/Indict No. | Description of offence | ||||
Request by accused | I am to be sentenced by the above Court for the above charges. I request the Court to also deal with the following pending charges against me. | |||||
Pending charges in court of summary jurisdiction | Court location | Charge No. | Description of offence | |||
Signature | ........................................................ Accused/Accused’s lawyer | Date: | ||||
Manager, Criminal Registry, Stirling Gardens, Barrack Street, PERTH WA 6000 Manager, Criminal Registry, Level 2, Central Law Courts, 30 St George’s Terrace, PERTH WA 6000 | ||||||
o Supreme Court o District Court At: Number: | ||||||
Accused | Full name: Address: | Date of birth: | ||||
Charges before Supreme or District Court | Indict No. | Description of offence | ||||
State’s consent | The State consents to the Court dealing with the pending charges against the accused listed below when it deals with the accused for the above charges. | |||||
Accused’s statement Signature | When I am being dealt with for the above charges — I intend to plead guilty to any of the pending charges against me listed below that I have not been convicted of, other than those indicated; and I want the Court to deal with me for the pending charges against me listed below, other than those indicated. ................................................................... Accused/Accused’s lawyer Date: | |||||
Pending charges in court of summary jurisdiction | Court location | Charge No. | Description of offence | |||
Court of Criminal Appeal No. | ||||
Parties [*delete the inapplicable] | Appellant/Applicant* Respondent | |||
Offender | Full name: | Date of birth: | ||
Conviction details | In the District Court/Supreme Court* at [ [ | |||
Appeal [Mark applicable box(es)] | The appellant/applicant* appeals against/applies for leave to appeal against* — o the above conviction(s) [ o the above sentence(s) [ o the above order(s) [ | |||
Grounds of appeal or application | [ | |||
Orders under s. 697 sought [Omit if necessary] | The appellant/applicant* applies for the following orders under [ | |||
Final orders sought on appeal | The appellant/applicant* applies for the following final orders — [ | |||
Appearance by offender [Omit if necessary] | The offender, being the appellant/applicant, o wishes to be present at the hearing of this appeal o seeks leave to be present at the hearing of this appeal on the following grounds — [ | |||
Signature of appellant or applicant | ........................................................ Appellant/Applicant/ Appellant’s/Applicant’s lawyer/DPP* | Date: | ||
Court of Criminal Appeal No. | ||||
Parties | R v. | |||
Accused or offender(s) | Full name: | Date of birth: | ||
Hearing details [*delete the inapplicable] | In the District Court/Supreme Court* at [ A copy of the certificate of final outcome of the trial is attached (Attachment B). | |||
Referral [Mark one box] | o At the request of the Attorney General made under o Under the o Under the | |||
Question, point or case referred | [ | |||
How the question etc arose | The question, point or case arose out of the following circumstances — [ | |||
Material to be considered by CCA | The following records are relevant to this matter — [ | |||
Signature of judge | Date: | |||
Court of Criminal Appeal No. | |||
Parties [*delete the inapplicable] | Between: Appellant/Applicant* and: Respondent | ||
Appellant or applicant making request | Name: | ||
Application refused | On [ [ | ||
Single judge’s decision | On [ | ||
Request | Under | ||
Signature of appellant or applicant | ........................................................ Appellant/Applicant/ Appellant’s/Applicant’s lawyer/DPP* | Date: | |
Court of Criminal Appeal No. | |||
Parties [*delete the inapplicable] | Appellant/Applicant* Respondent | ||
Appellant or applicant discontinuing | Name: | ||
Proceedings being discontinued | The appellant/applicant* has — o appealed against conviction/sentence* o applied for leave to appeal against conviction/sentence* o applied for an extension of time to appeal/apply for leave to appeal* against conviction/sentence*. | ||
Discontinuance | The appellant/applicant* discontinues the above proceedings and understands that on the filing of this notice the proceedings will be taken to have been dismissed by the Court of Criminal Appeal. | ||
Signature of appellant or applicant | ........................................................ Appellant/Applicant/ Appellant’s/Applicant’s lawyer/DPP* | Date: | |
Court of Criminal Appeal Number: | ||
Parties [*delete the inapplicable] | Appellant/Applicant* Respondent | |
Proceedings [Mark one box] | Date(s): Presiding judges: o Application for leave to appeal o Appeal o Reference to CCA o Other proceeding (describe): | |
Final outcome | Date: [ | |
Certificate | I certify that the information in this certificate is true and correct. ........................................................ Registrar Date: | |
o Supreme Court o District Court At: Number: | ||
Parties [Include names of any co‑accused(s)] | ||
Accused or offender [One per certificate] | Family name: Given name(s): Date of birth: | |
Trial or other proceeding | Date(s): Presiding judge: o Guilty plea o Not guilty plea o Trial by jury o Trial by judge alone o Other proceeding (describe): | |
Charge [Use reverse if more than one charge] | Date: Charge: | |
Final outcome [*delete the inapplicable] [Use reverse if more than one charge] [Attach copies of warrants or orders issued] | Date: o Proceedings stayed permanently/until [ o Indictment quashed o Demurrer to indictment upheld o Accused found to have been previously convicted/acquitted* o Guilty o Not guilty o No verdict o Not guilty on account of unsoundness of mind o Convicted o Acquitted o New trial ordered o Accused found mentally unfit to stand trial o Accused acquitted on account of unsoundness of mind Orders made: o Accused discharged from custody o Accused remanded in custody until [ o Bail granted [ | |
Certificate | I certify that the information in this certificate is true and correct. ..................................................................... Clerk of arraigns Judge Date: | |
Offences charged | Plea | Verdict | Date of final outcome | Final outcome | |||
No. | Date | Description | Enactment | ||||
[r. 30(6)]
Attached to this notice is either one or two subpoenas that have been issued by either the Supreme Court or the District Court.
You may be able to apply to the court to have the subpoena(s) set aside. If you want to make such an application you should get legal advice.
You must obey the subpoena(s) if at the time you were served with them or at some reasonable time before the date(s) when the subpoena(s) require you to appear in court —
● the party that requested the subpoena(s) made arrangements to enable you to comply with the subpoena(s); or
● you were given or offered money, travel tickets, vouchers or a combination of them to enable you to obey the subpoena(s) and to meet your reasonable expenses in obeying the subpoena(s), including any travel and accommodation costs.
If you do not obey the subpoena(s) you may be imprisoned or fined or both.
Read this if you are subject to a legal restriction on your movements that you might breach when you obey the subpoena(s); for example one of these —
● a bail undertaking;
● an order imposed on you by a court as or part of a sentence;
● a work and development order;
● a parole or other order imposed on you when you were released from prison.
If you are restricted in where you can go, you must —
● tell the person who supervises the order that restricts your movements; and
● tell the court that issued the subpoena(s); and
● tell the party that requested the subpoena(s),
as soon as practicable after you are served with the subpoena(s).
You must take all reasonable steps to have the restriction varied so that you can comply with the subpoena(s).
If the restriction is not varied you must tell the court that issued the subpoena(s) and the party that requested the subpoena(s) either —
● of the steps you took to have the restriction varied and that the restriction has not been varied; or
● that the law does not permit that variation,
whichever is the case.
2 Jan 2001 p. 3‑75 | 5 Feb 2001 (see r 2) | |
17 Aug 2001 p. 4345 | 17 Aug 2001 | |
19 Mar 2002 p. 1343-6 | 19 Mar 2002 | |
31 Oct 2003 p. 4563-5 | 31 Oct 2003 | |
19 Apr 2005 p. 1294-302 | 19 Apr 2005 | |
accused.......................................................................................................................... 3(1)
actual trial...................................................................................................................... 3(1)
appeal..................................................................................................................... 50(1), 51
appellant........................................................................................................................... 51
audio link....................................................................................................................... 3(1)
CCA.................................................................................................................................. 51
clerk of arraigns............................................................................................................ 3(1)
Code............................................................................................................................... 3(1)
corporation.................................................................................................................. 16(2)
court............................................................................................................................... 3(1)
Court of Criminal Appeal............................................................................................ 3(1)
DPP................................................................................................................................. 3(1)
examiner....................................................................................................................... 61(4)
file................................................................................................................................... 3(1)
form................................................................................................................................ 3(1)
lawyer............................................................................................................................. 3(1)
notice................................................................................................................................ 51
offender......................................................................................................................... 3(1)
party............................................................................................................................... 3(1)
registrar.......................................................................................................................... 3(1)
relevant statutory provision..................................................................................... 50(1)
stay order.................................................................................................................... 50(1)
video link....................................................................................................................... 3(1)
witness......................................................................................................................... 30(1)
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0
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