Criminal Procedure (Summary) Act 1902 (WA)

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Western Australia

Criminal Procedure (Summary) Act 1902

This Act was repealed by the Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 4(1) (No. 84 of 2004) as at 2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 and 7 Jan 2005 p. 53).

Western Australia

Criminal Procedure (Summary) Act 1902 ContentsPart I — Preliminary1 — Short title3 — Commencement of Act4 — Interpretation4A — Bail Act 19825 — General saving of powers of justicesPart IV — General procedure42 — Complaint, by whom laid43 — One matter only in complaint44 — Description of persons and property in complaint45 — Description of offence in complaints46 — Want of form or variance in warrant, etc.47 — Amendment48 — Minute of amendment49 — Complaint to be on oath if warrant required50. Complaint where summons issued 951. Limitation period for commencing prosecutions 952. When a summons may be issued 1054 — Contents of summons55 — Ex parte56 — Mode of service56A — Power to serve some summonses by post57 — Proof of service57A — Summons, amendment of time following non‑service58 — Warrant and summons, in what cases issued59 — Warrant in the first instance for simple offence60 — Direction of warrant61 — Contents of warrants62 — Warrant in force until executed65 — Court to be open: Publicity66. Committal proceedings are not open court 1867 — Counsel or solicitor not to be excluded68. Representation in court 1969. Evidence of witnesses, statements may be admitted on indictable charges 2070 — Prosecutor or complainant a competent witness71 — Mental fitness to stand trial72 — Proof of negative etc.73 — Depositions of witnesses for indictable charges73A — Offences in respect of recording of depositions74 — Summoning witnesses75 — After summons, warrants may issue76 — Warrant in the first instance78 — Production of documents79 — Remand of defendant on charge of indictable offence80 — Verbal remand81 — Bringing up during remand86 — Adjournment of hearing86A. Video or audio link may be used for remands and adjournments when defendant in custody 2986B. Video or audio link generally 3087 — Place of committal or detention88 — Committal to be made to a gaol89 — Witness may be discharged on recognisance90 — Recognisances91 — Issue of warrant for non‑appearance92 — Recognisances taken out of court93 — Forfeited recognisances, how to be enforced95 — Conveying prisoners to gaol96 — Regulations, forms, and feesPart V — Proceedings in case of indictable offencesDivision 1 — 97 — Application97A — Defendant not appearing may be arrestedDivision 2 — 97B. Interpretation 3598. Procedure on first appearance 3599. Either way charges 35100. Charges that are to be…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.