Justices (Forms) Amendment Regulations (No. 2) 1999 (WA)

17 September 1999] GOVERNMENT GAZETTE, WA 4557

Amendment Regulations (No. 2) 1999.

JUSTICE

.JM301-

Justices Act 1902

Justices (Forms) Amendment Regulations

(No. 2) 1999

Made by the Governor in Executive Council.

1.            Citation

These regulations may be cited as the Justices (Forms)

4558 GOVERNMENT GAZETTE, WA [17 September 1999

2. Commencement
These regulations come into operation on 1 October 1999.

3.            Schedule amended

The Schedule to the Justices (Forms) Regulations 1982* is amended in Form 213 as follows:

(a) on the front of the Form in the first paragraph (a) by

inserting after "date fixed for hearing." -

44

If, within 14 days of entering a plea of not guilty, you have not been advised of the date fixed for hearing you should contact the Court to find out that date.

(b) on the front of the Form by deleting paragraph (c) and

inserting instead -

44

(c) If you fail to take either of the alternatives

mentioned above, and you fail to appear at Court on
the day and time stated in this summons, the Court
may -

(i)      proceed to hear and determine the complaint in your absence and, if the complainant is a public officer, take as proved any allegation in this summons;

(ii)      adjourn your case and issue a further summons; or

(iii)      adjourn your case and issue a warrant to have you arrested and brought before the Court.

(d) If you are convicted of the offence alleged in this

summons you may be liable to the penalty

prescribed for the offence, the court costs and any

legal costs claimed by the prosecution.

(e) If you are in doubt as to what action you should take

it is suggested that you seek legal advice from a

lawyer or from the Legal Aid Commission.

(c) on the front of the Form by deleting NOTE (b) and

inserting instead -

(b) IF THE COURT CONSIDERS IT NECESSARY THAT YOU BE PRESENT FOR SENTENCING IT MAY —

(i)      ADJOURN YOUR CASE AND ISSUE A FURTHER SUMMONS TO HAVE YOU APPEAR IN COURT; OR

(ii)

ADJOURN YOUR CASE AND ISSUE A AND BROUGHT BEFORE THE COURT.

17 September 1999] GOVERNMENT GAZETTE, WA 4559

(d) on the reverse of the Form in NOTE (2) of SECTION A by deleting from "OTHERWISE" to the end of the note and inserting instead —

44

OTHERWISE THE COURT MAY —

(a)	PROCEED TO HEAR AND DETERMINE THE COMPLAINT IN YOUR ABSENCE AND, IF THE COMPLAINANT IS A PUBLIC OFFICER, TAKE AS PROVED ANY ALLEGATION IN THIS SUMMONS; OR
(b)	ADJOURN YOUR CASE AND ISSUE A WARRANT TO HAVE YOU ARRESTED AND BROUGHT BEFORE THE COURT.

(e) on the reverse of the Form in SECTION B by inserting after "relevant to the charge." —

If, prior to the hearing date, you advise the Court that you wish to withdraw your plea of guilty and you do not appear, the Court may —

(a)	proceed to hear and determine the complaint in your absence and, if the complainant is a public officer, take as proved any allegation in this summons; or
(b)	adjourn your case and issue a warrant to have you arrested and brought before the Court.

(0 on the reverse of the Form in SECTION B by deleting

NOTE (b) and inserting instead —

44

(b) IF THE COURT CONSIDERS IT NECESSARY

THAT YOU BE PRESENT FOR SENTENCING

IT MAY —

( i) ADJOURN YOUR CASE AND ISSUE A FURTHER SUMMONS TO HAVE YOU APPEAR IN COURT; OR

(ii) ADJOURN YOUR CASE AND ISSUE A

WARRANT TO HAVE YOU ARRESTED AND BROUGHT BEFORE THE COURT.

[* Published in Gazette 6 August 1982, pp. 3059-64.

For amendments to 27 August 1999 see 1998 Index to

Legislation of Western Australia, Table 4, p. 177.]

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.