Justices (Forms) Amendment Regulations 1999 (WA)
24 September 1999] GOVERNMENT GAZETTE, WA 4651 JUSTICE
,IN1301*
Justices Act 1902
Justices (Forms) Amendment Regulations 1999
For amendments to10 June 1999 see 1998 Index to Legislation of Western Australia, Table 4, p. 177.]
Made by the Governor in Executive Council.
1. Citation
These regulations may be cited as the Justices (Forms)
Amendment Regulations 1999.2. Commencement
These regulations come into operation on the day on which
section 17 of the Acts Amendment (Jurisdiction and Criminal
Procedure) Act 1992 comes into operation.3. The regulations amended
The amendments in these regulations are to the Justices
(Forms) Regulations 1982*.
[4, Published in Gazette 6 August 1982, pp. 3059-64.
| 4652 | GOVERNMENT GAZETTE, WA | [24 September 1999 |
4. Regulations 3 to 6 replaced
Regulations 3 to 6 are repealed and the following regulation is inserted instead -
3. Forms
The forms set out in the Schedule are prescribed for the purposes to which they are respectively applicable.
5. Form 2 amended
Form 2 is amended in the heading by deleting
"[Regulation 4A]".6. Forms 4 to 9 replaced
Forms 4 to 9 are repealed and the following forms are inserted instead -
M.
Form 4
Complaint in all other cases
(previously Forn: 3 in the Fourth Schedule to the Act)
Western Australia, [Perth] to wit.
The complaint of C.D., of , in the said State,
made this _______ day of , 19,
before the undersigned, one of Her Majesty's Justices of the Peace for
the said State [or for the magisterial district of], who says that on the
day of , 19, at , at
[etc., stating the offence or subject-matter].
Sworn [or made] before me, the day and year first abovementioiied. at
in the said State.
j.s.. J. P.
Form 5
Warrant in the first instance to apprehend a person
charged with an indictable offence or a simple
offence
(previously Form S in the Fourth Schedule to the Act)
To the principal police officer at , in the State of Western Australia, and to all other police officers in the said State.
Whereas a complaint has this day been made upon oath before the undersigned, one of Her Majesty's Justices of the Peace for the
said State [or, etc.], for that A.B., on the day of
19, at [here state shortly the offence
or matter of the complaint]: These are therefore to command you, in
Her Majesty's name forthwith to apprehend the said A.B. and to bring [him] before some one or more of Her Majesty's Justices of the Peace,
24 September 19991 GOVERNMENT GAZETTE, WA 4653 to answer to the said complaint, and be further dealt with according to
law.
Given under my hand, at in the said State, _ day of ,19.
J. S., J. P.
For offences committed on the high seas the warrant may be the
same as in ordinary cases, but describing the offence to have been committed "on the high seas out of any jurisdiction or place in the State of Western Australia, and within the jurisdiction of the
Admiralty of England."
For offences committed abroadfor which the parties may be
indicted in this State the warrant also may be the same as in ordinary cases, but describing the offence to have been committed "on land out of the State of Western Australia, to wit, at "as the case maybe.
Form 6
Warrant to convey accused person before a justice
of the place in which the offence was committed
(previously Form 53 in the Fourth Schedule to the Act)
To the principal police officer at , in the State of Western Australia, and all other police officers in the said State.
Whereas A.B. of , in the said State has this day been charged before the undersigned [one] of Her Majesty's Justices
of the Peace for the said State [or etc.] that [etc., as in the summons or
warrant]: And whereas [I] have taken the deposition of C.D., a
witness examined by me in this behalf, but [1] am informed that theprincipal witnesses to prove the said offence against the said A.B.
reside at , in the said State, where the said offence is alleged to have been committed: These are therefore to command you
forthwith to convey the said A.B. to , in the said State, and take [him] before some justice or justices in and near to the place where the offence is alleged to have been committed to answer further the said complaint before him or them; and [1] hereby further
command you to deliver to the said justice or justices, the complaint
in this behalf, and also the said deposition of C.D. now given intoyour possession for that purpose, together with this warrant.
Given under [my] hand, at
_ day of, in the said State, this ,19.
J. S., J. P.
| 4654 | GOVERNMENT GAZETTE, WA | [24 September 1999 |
7. Forms inserted
The Schedule is amended by inserting the following forms after
Form 14—
Form 15
Summons of a witness
(previously Form 7 in the Fourth Schedule to the Act)
To ER, of in the State of Western Australia.
Whereas a complaint was, on the day of____________
19, made before the undersigned, one of Her Majesty's Justices
of the Peace for the said State [or etc.], that A.B. [etc., as in thesummons or warrant against the defendant]: These are therefore to
require you to appear at in the said State, on the
day of 19, at o'clock in the
forenoon, before such justices as may then be there, to testify what you know concerning the matter of the said complaint [and you are further required to bring with you and produce at the time and place abovenamed] [Here describe the documents to be produced].
Given under my hand, at in the said State, this _ day of ,19. J.S., J.P. [or Clerk of Petty Sessions].
Endorsement of service
On the day of , 19,at
I served the within-named E.F. with the within summons by delivering a duplicate of it to him personally [or by leaving a duplicate of it for him with
at
, his last
known place of abode]. (Signature)
(Date)
Form 16
Warrant for a witness in the first instance
(previously Form 13 in the Fourth Schedule to the Act)
To the principal police officer at , in the State of Western Australia, and all other police officers in the said State.
Whereas on the _ day of , 19, at
a complaint was made that A.B. [etc., as in the
summons or warrant], and it being made to appear before me on oath that ER, of , in the said State is likely to give material evidence on behalf of the prosecution [or as the case
may be] in the matter, and it is probable that the said E.F. will not
attend to give evidence without being compelled so to do: These are
therefore to command you, in Her Majesty's name, forthwith to
apprehend the said E.F. and bring [him] before me at in
24 September 19991 GOVERNMENT GAZETTE, WA 4655 the said State, or before such other justices as may be there, to testify
what [he] knows concerning the matter of the said complaint.
Given under my hand, at in the said State, this _ day of ,19.
is., J.P.
Form 17
Warrant where a witness has not obeyed a
summons to attend the examination of a person charged with an indictable offence or the hearing of
a charge of a simple offence or breach of duty
(previously Form 12 in the Fourth Schedule to the Act)
To the principal police officer at , in the State of Western Australia, and all other officers in the said State.
Whereas on the day of , 19, a complaint was made that A.B. [etc., as in the summons or warrant], and a summons was duly issued to E.F., of in the said
State requiring [him] to appear on day of
19, at in the said State, before such
justices as might then be there, to testify what [he] knew concerning the matter of the said complaint: And whereas proof has been made that such summons was duly served upon the said ER: And whereas
the said E.F. neglected to appear at the time and place appointed by
the said summons, and no just excuse has been offered for such
neglect: These are therefore to command you, in Her Majesty's name,forthwith to apprehend the said E.F. and bring [him] before [me]
at , in the said State, or before such other
justices as may then be there, to testify what [he] knows concerning
the matter of the said complaint.
Given under [my] hand at in the said State, this _ day of ,19.
J. S., J. P. Form 18
Warrant of commitment of a witness for refusing to
be sworn or to give evidence
(previously Form 56 in the Fourth Schedule to the Act)
To all police officers in the State of Western Australia, and to the superintendent [or keeper] of Her Majesty's prison [or the gaol] at
in the said State.
Whereas on the day of , 19, upon the hearing of a charge before the undersigned, [one] of Her Majesty's
Justices of the Peace for the said State [or etc.], that [etc., as in the
summons or warrant] ER, of , in the said State being required to make oath [or affirmation] as a
| 4656 | GOVERNMENT GAZETTE, WA | [24 September 1999 |
witness to testify what [he] knew concerning the said charge, refused so to do [or being duly sworn as a witness, refused to answer certain questions concerning the premises which were put to him] without
offering any just excuse for such refusal: These are therefore to
command you the said police officers to convey the said E.F. to Her
Majesty's prison [or the gaol] at, in the said State, and
deliver [him] to the superintendent [or keeper] thereof, together withthis warrant, and [1] hereby command you the said superintendent [or
keeper] of the said prison [or gaol] to receive the said E.F. into your
custody in the said prison, [or gaol] and keep [him] there for the space
of days for [his] contempt, unless in the meantime he consents to be examined and to answer concerning the premises.
Given under [my] hand, at , in the said State, this _ day of ,19. is., J.P.
Form 19
Recognizance to give evidence
(previously Form 26 in the Fourth Schedule to the Act)
Western Australia, [Perth] to wit.
Be it remembered that on the day of____________
19, C.D. of ], in the said State, came before [me] one of Her Majesty's Justices of the Peace in and for the levied of [his] goods and chattels, lands and tenements, to the use of our said Lady the Queen, her heirs and successors, if [he] the said C.D. shall fail in the condition endorsed.
said State [or, etc.], and acknowledged [himself] to owe to our
Taken and acknowledged before [me] the day and year first
abovementioned, at , in the said State.
is., J.P.
Condition
The condition of the within-written recognizance is such that
whereas A.B. was this day charged before [me], J.S., the Justice of the
Peace within-mentioned, for that [etc., as in the caption of the
depositions]: If, therefore [he], the said C.D., shall appear at the next
criminal sitting of the Supreme Court [or as the case may be], to be
holden in the State of Western Australia,
the _______ day of , 19, and there
give evidence upon an information to be then preferred against the
said A.B. for the offence aforesaid, then the said recognizance to be
void, or else to stand in full force and virtue.
24 September 19991 GOVERNMENT GAZETTE, WA 4657 Form 20
Notice of recognizance to be given to the witnesses
('previously Form 27 in the Fourth Schedule to the Act)
Western Australia, [Perth] to wit.
Take notice that you, C.D., of , in the said State, are bound in the sum of , to appear at the next [as in the Condition], and then and there to give evidence against A.B., and
unless you then appear and give evidence accordingly the
recognizance entered into by you will be forthwith put in suit andenforced against you.
Dated this _______ day of '19
is., J.P.
Form 21
Commitment of witness for refusing to enter into
recognizance
(previously Form 58 in the Fourth Schedule to the Act)
To all police officers in the State of Western Australia, and to the superintendent [or keeper] of Her Majesty's prison [or the gaol] at
in the said State.
Whereas on the day of , 19, and upon the hearing of a charge before the undersigned, [one] of Her
Majesty's Justices of the Peace for the said State [or, etc.] that [etc.,
as in the summons or warrant] E.F., of , in the said State having been examined as a witness touching the
premises, and being required to enter into a recognizance conditioned
to give evidence against the said A.B., refused so to do: These are
therefore to command you, the said police officers, to convey the said
E.F. to Her Majesty's prison [or the gaol] at
, in the said State, and deliver [him] to the said superintendent [or keeper] thereof, together with this warrant, and [I] hereby command you the saidsuperintendent [or keeper] of the said prison [or gaol], to receive the
said E.F. into your custody in the said prison [or gaol], there to keep[him] until after the trial of the said A.B. for the offence aforesaid,
unless in the meantime the said E.F. duly enters into such
recognizance as aforesaid in the sum of $ , before some Justice of the Peace, conditioned to appear at the next criminal sittings of the Supreme Court [or as the case may be] to be held at
in the said State, on the day of___________
[or as the case may be], and there to give evidence upon any
complaint which may be then and there preferred against the said A.B.
for the offence aforesaid, and also to give evidence upon the trial ofthe said A.B. for the said offence.
Given under [my] hand, at in the said State, this _ day of ,19.
is., J.P.
| 4658 | GOVERNMENT GAZETTE, WA | [24 September 1999 |
Form 22
Order to discharge a witness upon prisoner not
being committed for trial
(previously Form 70 in the Fourth Schedule to the Act)
To the Superintendent [or keeper] of Her Majesty's prison [or the
gaol] at , in the State of Western Australia.
Whereas by a warrant, dated the day of____________
19, under the hand of L.M. [one] of Her Majesty's Justices of the
Peace for the said State [or etc.], reciting that upon the hearing of a
charge against one A.B. for a certain offence therein mentioned, E.F.
having been examined as a witness, refused to enter into a
recognizance, to give evidence against the said A.B., the said L.M. committed the said E.F. to your custody, and required you to keep [him] until after the trial of the said A.B. for the offence aforesaid, unless in the meantime the said E.F. should enter into such
recognizance as aforesaid: And whereas the said A.B. has not been committed for trial or held to bail for the said offence, but has been discharged: These are therefore to direct you to discharge the said E.F.
out of your custody and suffer [him] to go at large as to the said
commitment.
Given under [my] hand, at in the said State, this
day of ,19. J. S., J. P.
Foriii 23
Certificate of non-appearance or default to be
endorsed on a recognizance
(previously Form 21 in i/ic fourth Schedule to the Act)
[I] hereby certify that the said A.B. did not appear at the time and place in the condition of the within-written recognizance
mentioned. is., J.P.
Form 24
Depositions of witnesses
(previously Form 29 in the Fourth Schedule to the Act)
Western Australia, [Perth] to wit.
The examination of C.D., of , and E.F.,
of ,taken this day of
19, at in the said State, before the
this day before [me] that [he] [etc., describing the offence as in a warrant of commitment.]
undersigned [one], of Her Majesty's Justices of the Peace for the said
24 September 19991 GOVERNMENT GAZETTE, WA 4659 C.D., on his oath [or affirmation] says as follows [etc., state the
deposition of the witness as nearly as possible in the words he uses,
and when his deposition is complete let him sign it].
ER, upon his oath [or affirmation] say as follows [etc.]
Taken and sworn [or affirmed] before [me] at in the said State, on the day and year first
abovementioned.
J.S., J. P.
Form 25
Statement of the defendant
(previously Form 30 in the Fourth Schedule to the Act)
Western Australia, [Perth] to wit.
A.B. stands charged before the undersigned [one] of Her
Majesty's Justices of the Peace for the said State [or, etc.], this
day of , 19, that [he], [etc., as in the
caption of the depositions], and the charge being read to the said A.B.
and the witnesses for the prosecution, C.D. and E.F. being severally
examined in [his] presence, the said A.B. is now addressed by [me] as follows: - "Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless
you desire to do so, but whatever you say will be taken down in
writing, and may be given in evidence against you upon your trial."Whereupon the said A.B. says as follows - [here state whatever the
prisoner may say, and in his very words, as nearly as possible: get
him to sign it if he will]. A.B.
Taken before [me] at in the said State, the day and year first abovementioned.
J.S., J.P.
Form 26 Gaoler's receipt for the prisoner
(previously Form 67 in the Fourth Schedule to the Act)
I hereby certify that I have received from W.T., police officer,
of , in the State of Western Australia, the body of A.B.,
in good health [or as the case may be], together with a warrant under the hand of J.S., Esquire, [one] of Her Majesty's Justices of the Peace for the said State [or, etc.].
P.K., Superintendent
[or keeper] of the Prison.
| 4660 | GOVERNMENT GAZETTE, WA | [24 September 1999 |
Form 27
Order of dismissal of complaint
(previously Form 40 in the Fourth Schedule to the Act)
Western Australia, [Perth] to wit.
Be it remembered that on the ________ day of____________
19,, a complaint was made that [etc., as in the summons to the
defendant or warrant], and on this day of___________ 19, at , in the said State, the said complaint came on for hearing before the undersigned [one] of Her Majesty's Justices of the Peace for the said State [or, etc.] whereupon it appears to [me] that the said complaint is not proved [or the complainant did not
appear], and [I] therefore dismiss the said complaint [and adjudge that
the said C.D., pay to the said A.B. the sum of for the costs incurred by [him] in [his] defence, and if the said sum is not paid forthwith [or on or before __ ], I[ I] order that the same be levied by execution against the goods and chattels of the said C.D.,
and in default of sufficient goods and chattels* [I] adjudge the said
C.D. to be imprisoned in Her Majesty's prison [or the (police) gaol] at
for the term of unless the said sum and
all costs and charges of the said execution [and of taking and
conveying the said C.D. to prison] are sooner paid.
Given under [my] hand, at in the said State this
day of ,19. is., J.P.
* Or where the issuing of warrant of execution would be more injurious to the defendant or his family, than imprisonment, or it appears that he has no goods whereon to levy, then instead of the words between the asterisks ** say - "Inasmuch as it appears to [me]
adjudge" [etc., as above, to the end, but omitting the words "of the said execution and"].
that the issuing of a warrant of execution would be more injurious to
the said A.B. and his family than imprisonment" [or "that the said
Foriii 28
Certificate of dismissal
(previously Form 41 in the Fourth Schedule to the Act)
Western Australia, [Perth] to wit.
[I] the undersigned [one] of Her Majesty's Justices of the Peace for the said State [or, etc.], hereby certify that on the
day of
,19,at ,at ,in the said
State, A.B. was charged before [me], that [he] the said A.B. [etc.,
stating the offence and the time and place when and where alleged to
have been committed], and that [I] thereupon dismissed the said
complaint.
Given under [my] hand, at in the said State this
day of , 19. is., J.P.
24 September 19991 GOVERNMENT GAZETTE, WA 4661 Form 29
Order for any matter where the disobeying of it is
punishable by imprisonment
(previously Form 44 in the Fourth Schedule to the Act)
Western Australia, [Perth] to wit.
Be it remembered that on the _______ day of '19
[one] entitling the complainant to the order, with the time and place when and where they occurred], and on the day of , 19, complaint was made before the undersigned, of Her Majesty's
at , in the said State, having heard the said complaint, [I]
adjudge the said A.B. to [here state the matter required to be done], and
if upon a copy of the minute of this order being served upon the said A.B.
either personally or by leaving the same for [him] at [his] last known or
usual place of abode, [he] shall neglect or refuse to obey the same, [I],
adjudge the said A.B. to be imprisoned in Her Majesty's prison [or the
(police) gaol] at, for the term of [unless the said order is sooner obeyed if the statute authorize this], and [I] also adjudge the
said A.B. to pay to the said C.D. the sum of
sum is not paid forthwith [or on or before[I]
imprisoned in the said prison for the term of, to commence at and
from the termination of [his] imprisonment aforesaid, unless the said sum
for costs, and all the costs and charges of the said execution [and of
taking and conveying the said A.B. to prison] are sooner paid.for costs, and if the said next], [1] order the same to be levied by execution against the goods and chattels of the said A.B. and in default of sufficient goods and chattels adjudge the said A.B. to be
Given under [my] hand, at, in the said State, this _______ day of
19.
J. S., J. P.
1'orin 30
Warrant of Commitment on an order where the
disobeying of it is punishable by imprisonment (previously Forni 61 in the Fourth Schedule to the Act) To all police officers in the State of Western Australia, and to the superintendent [or keeper] of Her Majesty's prison [or the gaol] at
in the said State.
Whereas on the day of '19 upon the hearing of a complaint before the undersigned, [one] of Her Majesty's Justices of
the Peace for the said State [or, etc.], that [etc., as in the order], [I]
adjudged the said A.B. to [etc., as in the order], and ordered that if upon a
copy of the minute of that order being served upon the said A.B. either
personally or by leaving the same for [him] at [his] last known or usual
place of abode [he] should refuse or neglect to obey the same, the saidA.B. should be imprisoned in Her Majesty's prison [or the gaol] at
in the said State for the term of , unless the said
order should be obeyed: And whereas it is now proved to [me] that after
making of the said order a copy of the minute thereof was duly served
upon the said A.B., but [he] then refused [or neglected] to obey the same,
and has not as yet obeyed the said order: These are therefore to command
| 4662 | GOVERNMENT GAZETTE, WA | [24 September 1999 |
you, the said police officers, to apprehend the said A.B. and convey [him]
to the prison [or gaol] ataforesaid, and deliver him to the superintendent [or keeper] thereof, together with this warrant and [I]
hereby command you, the said superintendent or officer in charge of the
said prison, [or gaol] to receive the said A.B. into your custody in the saidprison [or gaol], there to imprison [him] for the term of___________
Given under [my] hand, at in the said State, this day of ,19. is., J.P.
Form 31
Certificate that the costs of an appeal are not paid
(previously Form 5 in the Fourth Schedule to the Act)
In The District Court of Western Australia [or as the case may be] holden at
[Title of the appeal]
I hereby certify that at a sitting of The District Court of Western Australia [or as the case may be], holden at on the
day of , 19, an appeal by A.B. against a
[conviction] of J.S., Esquire, [one] of Her Majesty's Justices of the
Peace for the said State [or etc.], came on to be tried and was then heard and determined, and the said court thereupon ordered that the said [conviction] should be affirmed [or reversed], and that the said
[appellant] should pay to the said [respondent] the sum of
[his] costs of the said appeal, and which sum was
ordered to be paid to the Registrar [or as the case may be] of the said court, on or before the day of , 19, to be by him handed over to the said [respondent]; and I further certify that
the said sum for costs has not, nor has any part thereof, been paid inobedience to the said order.
Dated the ______ day of . 19
G.H. Registrar of the said court [a, as Ilie case may be].
Form 32
Complaint to ground search warrant
(previously Form 2 in the Fourth Schedule to the Act)
Western Australia, [Perth] to wit.
The complaint of C.D., of in the said State,
made this __ day of , 19, before
the undersigned, one of Her Majesty's Justices of the Peace for the said State [or for the magisterial district of , in the said State], who says that the following goods of [him], the said C.D., to
wit [describe them] were, on the ______ day of [or have lately been] feloniously stolen, taken, and carried away, from and out of the dwelling-house [or as the case may be] of the said C.D.,
situated at , in the said State; and that he, the said
24 September 1999] GOVERNMENT GAZETTE, WA 4663 C.D. has reasonable cause to suspect, and does suspect, that the said goods, or part thereof, are concealed in the dwelling-house or premises [or as the case may be] in the occupation of A.B., situated at
, in the said State. [Here state grounds of suspicion]
Sworn [or made] before me, the day and year first abovementioned, at
. in the said State.
J.S., J.P.
Form 33
Search Warrant
(previously Form 9 in the Fourth Schedule to the Act)
To the principal police officer at , in the said State of Western Australia, and all other police officers in the said State.
Whereas a complaint has this day been made upon oath before
[or as the case may be] of the said A.B. [in the day time], and there diligently search for the said goods; and if the same, or any part thereof, are found upon search, that you attach the goods so found [and apprehend the said A.B., and bring (him) before some one or more of Her Majesty's Justices of the Peace, to give an account of how he came by the said goods, and to be further dealt with according to law.]
the undersigned, one of Her Majesty's Justices of the Peace for the forthwith, with proper assistance, to enter the said dwelling-house and premises
said State [or, etc.], for that [etc., as in Form 15 to the end, then thus]:
Given under my hand, at , in the said State, this
day of ,19 .
J.S., J.P.
By Command of the Governor, M. C. WAUCHOPE, Clerk of the Executive Council.
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