Criminal Procedure Rules 2005 (WA)

Western Australia

Criminal Procedure Act 2004 Juries Act 1957 Criminal Appeals Act 2004 Sentencing Act 1995

Western Australia

Criminal Procedure Act 2004 Juries Act 1957 Criminal Appeals Act 2004 Sentencing Act 1995

Criminal Procedure Rules 2005

These rules are the Criminal Procedure Rules 2005.

These rules come into operation on 2 May 2005 or on the day on which they are published in the Gazette, whichever is the later.

• (1)

  In these rules, unless the contrary intention appears —

accused means a person who has been committed to the District Court or Supreme Court for trial or sentence or who is the subject of an indictment that has been lodged in one of those courts;

clerk of arraigns, in relation to proceedings before a court, means the associate to the judge sitting in the proceedings;

court means the Supreme Court or, subject to the CPA section 124(2), the District Court, as the case requires;

CPA means the Criminal Procedure Act 2004;

criminal appeal means an appeal under the Criminal Appeals Act 2004 Part 2 Division 2;

DPP means the Director of Public Prosecutions for the State or for the Commonwealth, as the case requires;

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;

offender means a person convicted of an offence;

registrar means a registrar of the court concerned;

working day means a day other than a Saturday, a Sunday, or a public holiday.

• (2)

  A term defined in the CPA has the same meaning in these rules as it does in the CPA, unless the contrary intention appears.

• (1)

  These rules apply to and in relation to all cases that are —

  • (a)

    pending when these rules commence; or

  • (b)

    commenced on or after these rules commence.

• (2)

  These rules must be read with the Supreme Court (General) Rules 2005.

[Heading inserted: Gazette 15 Mar 2013 p. 1203.]

[Heading inserted: Gazette 15 Mar 2013 p. 1203.]

• (1)

  In this rule —

legally qualified registrar means a registrar who is a lawyer.

• (2)

  Each legally qualified registrar of the court is delegated the jurisdiction the court has, including under any other written law, other than the following jurisdiction —

  • (a)

    to find a person guilty or not guilty of an offence;

  • (b)

    to discharge an accused from a charge;

  • (c)

    to consent to the discontinuance of a charge in a case where the accused does not consent to the discontinuance;

  • (d)

    to stay a prosecution;

  • (e)

    to set aside a committal;

  • (f)

    to find a person guilty of contempt of the court.

[Rule…