WESTERN AUSTRALIA.
JUSTICES.
No. 33 of 1976.
AN ACT to amend the Justices Act, 1902-1975.
[Assented to 9th June, 1976.]
BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:-
1. (1) This Act may be cited as the Justices Act V,Inattl,,,„.
Amendment Act, 1976.
Approved for
| (2) In this Act the Justices Act, 1902-1975 is | reprint 17th November, |
| referred to as the principal Act. | 1972 and further amended by Act No. 94 |
| (3) The principal Act as amended by this Act may be cited as the Justices Act, 1902-1976. | of 1972 as amended |
| by Act No 19 of 1973, and by Act No. 72 of 1975. |
| No. 33.] | Justices. | [1976. |
Commence-
| ment. | 2. | This Act shall come into operation on a date |
to be fixed by proclamation.
Section 4
| amended. | 3. | Section 4 of the principal Act is amended by |
adding after the interpretation "Police Officer" an
interpretation as follows
"Preliminary Hearing" means a hearing to determine whether there is sufficient evidence for a person charged with an indictable offence to be committed to a Court of competent jurisdiction for trial or sentence; .
| Section 69 | 4. | Section 69 of the principal Act is amended |
| amended. |
| (a) | by adding after the section number "69." the subsection designation "(1)"; and |
| (b) | by adding at the end of the section subsections as follows |
(2) Notwithstanding any other provision in any Act, where a person is charged with an indictable offence and the charge is not dealt with summarily, a written statement of any person-
| (a) | may, on a preliminary hearing, be tendered to the Justices in evidence and is admissible as evidence before them to the like extent as oral evidence to the like effect by that person; or |
| (b) | may, where there is no preliminary hearing, be tendered to the Justices to be used in evidence for the purposes of the trial or sentencing of the defendant, |
if the conditions mentioned in subsection
(3) of this section are complied with.
| 1976.] | Justices. | [No. 33. |
(3) The conditions referred to in subsection (2) of this section are as follows
| (a) | the statement purports to be signed by the person who made it; |
| (b) | the statement contains a declaration by the person who made it to the effect that it is true to the best of his knowledge and belief and that he made the statement knowing that, if it were tendered in evidence, he would be guilty of a crime if he has wilfully included in the statement anything which he knew to be false or did not believe to be true; |
| (c) | before the statement is so tendered, a copy of the statement has been served, by or on behalf of the party proposing to tender it, on each other party to the proceedings and, where the party… |