Magistrates Court Regulations 2005 (WA)

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Western Australia

Magistrates Court Act 2004

Magistrates Court Regulations 2005

Western Australia

Magistrates Court Regulations 2005 Contents Magistrates Court Act 2004

Magistrates Court Act 2004

Magistrates Court Regulations 2005

Part 1 – Preliminary1.Citation

These regulations are the Magistrates Court Regulations 2005.

2.Commencement

These regulations come into operation on the day on which the Magistrates Court Act 2004 comes into operation.

3.Terms used

In these regulations, unless the contrary intention appears —

country court means the Magistrates Court sitting at a place outside the Perth metropolitan region;

metropolitan court means the Magistrates Court sitting at a place in the Perth metropolitan region;

Perth metropolitan region has the meaning given to the term metropolitan region by the Metropolitan Region Town Planning Scheme Act 1959 1.

Part 2 – Metropolitan courts4.JP not to constitute court unless requested to do so
  • (1)

    A JP must not constitute a metropolitan court, either alone or with another JP, unless he or she has been requested to do so by —

    • (a)

      a registrar; or

    • (b)

      a deputy registrar who has been directed by a magistrate or a registrar to make the request.

  • (2)

    A registrar must not request a JP to constitute a metropolitan court, and a registrar must not direct a deputy registrar to make such a request, unless —

    • (a)

      a magistrate has requested that the court be constituted by JPs; or

    • (b)

      it is not practicable for a magistrate to constitute the court at the time when and the place where the court has to sit.

    5.When 2 JPs may constitute the court in civil cases
  • (1)

    A metropolitan court constituted by 2 JPs alone may deal with an application made under the Restraining Orders Act 1997 for a family violence restraining order or violence restraining order at a hearing in the absence of the respondent fixed under section 26(2) of that Act.

  • (2)

    A metropolitan court constituted by 2 JPs alone may adjourn the following for hearing by the Magistrates Court constituted by a magistrate —

    • (a)

      an application made under the Prohibited Behaviour Orders Act 2010 section 5 for a PBO;

    • (b)

      an application made under the Prohibited Behaviour Orders Act 2010 section 21 to vary or cancel a PBO.

  • (3)

    A metropolitan court constituted by 2 JPs alone must not deal with PBO proceedings under the Prohibited Behaviour Orders Act 2010 except as permitted by subregulation (2).

[Regulation 5 amended: Gazette 24 Jun 2011 p. 2507‑8; 27 Jun 2017 p. 3435.]

6.When 2 JPs may constitute the court in criminal cases
  • (1)

    A metropolitan court constituted by 2 JPs alone may do any of the following —

    • (a)

      perform the court’s functions under the Bail Act 1982 sections 5(2) and 7(1) in relation to bail for an accused for an appearance in the Magistrates Court, other than an initial appearance, and under the Restraining Orders Act 1997 section 63(1);

    • (b)

      deal with an application made under the Criminal Procedure Act 2004 for an adjournment and perform the court’s functions under section 75 of that Act;

    • (c)

      adjourn a charge of a simple offence that, under the Criminal Procedure Act 2004 section 50(3), 52(1) or 53(1), has to be adjourned to a new court date;

    • (d)

      deal with a charge of a simple offence under a road law if —

      • (i)

        under the Criminal Procedure Act 2004, the accused has been served with a summons or a court hearing notice in relation to the offence; and

      • (ii)

        the accused is present in court; and

      • (iii)

        both the accused and the prosecutor consent to the prosecution being dealt with by the court constituted by 2 JPs alone; and

      • (iv)

        the accused pleads guilty;

    • (e)

      deal with a charge of a simple offence under a road law if —

      • (i)

        under the Criminal Procedure Act 2004, the accused has been served with a summons or a court hearing notice in relation to the charge; and

      • (ii)

        the accused is not present in court,

    and either —

    • (iii)

      the court has received a written plea of guilty to the charge from the accused under the Criminal Procedure Act 2004; or

    • (iv)

      the court has not received a written plea from the accused under the Criminal Procedure Act 2004.

  • (2)

    In subregulation (1)(d) and (e) —

road law has the meaning given in the Road Traffic (Administration) Act 2008 section 4.

[Regulation 6 amended: Gazette 10 Feb 2015 p. 615‑16.]

7.When one JP may constitute the court in criminal cases
  • (1)

    One JP must not constitute a metropolitan court unless advised by a registrar or a deputy registrar that it is impracticable in the circumstances to also request a second JP to constitute the court.

  • (2)

    A metropolitan court constituted by one JP alone may do any of the following —

    • (a)

      perform the court’s functions under the Bail Act 1982 sections 5(2) and 7(1) in relation to bail for an accused for an appearance in the Magistrates Court, other than an initial appearance, and under the Restraining Orders Act 1997 section 63(1);

    • (b)

      deal with an application made under the Criminal Procedure Act 2004 for an adjournment and perform the court’s functions under section 75 of that Act;

    • (c)

      adjourn a charge of a simple offence that, under the Criminal Procedure Act 2004 section 50(3), 52(1) or 53(1), has to be adjourned to a new court date.

    Part 3 – Country courts
8.JP not to constitute court unless requested to do so
  • (1)

    A JP must not constitute a country court, either alone or with another JP, unless he or she has been requested to do so by —

    • (a)

      a registrar; or

    • (b)

      a deputy registrar who has been directed by a magistrate or a registrar to make the request.

  • (2)

    A registrar must not request a JP to constitute a country court, and a registrar must not direct a deputy registrar to make such a request, unless —

    • (a)

      a magistrate has requested that the court be constituted by JPs; or

    • (b)

      a magistrate is not listed to constitute the court at the time when and the place where the court is due to sit; or

    • (c)

      the magistrate who is listed to constitute the court is unable to attend at the time when and the place where the court is due to sit.

    9.When 2 JPs may constitute the court in civil cases
  • (1)

    A country court may be constituted by 2 JPs alone for the purposes of dealing with an application made under the Restraining Orders Act 1997 for a family violence restraining order or violence restraining order at a hearing in the absence of the respondent fixed under section 26(2) of that Act.

  • (2)

    A country court constituted by 2 JPs alone may adjourn the following for hearing by the Magistrates Court constituted by a magistrate —

    • (a)

      an application made under the Prohibited Behaviour Orders Act 2010 section 5 for a PBO;

    • (b)

      an application made under the Prohibited Behaviour Orders Act 2010 section 21 to vary or cancel a PBO.

  • (3)

    A country court constituted by 2 JPs alone must not deal with PBO proceedings under the Prohibited Behaviour Orders Act 2010 except as permitted by subregulation (2).

[Regulation 9 amended: Gazette 24 Jun 2011 p. 2508; 27 Jun 2017 p. 3435.]

10.When 2 JPs may constitute the court in criminal cases
  • (1)

    A country court constituted by 2 JPs alone may do any of the following —

    • (a)

      perform the court’s functions under the Bail Act 1982 sections 5(2) and 7(1) in relation to bail for an accused for an appearance in the Magistrates Court, other than an initial appearance, and under the Restraining Orders Act 1997 section 63(1);

    • (b)

      exercise the court’s jurisdiction under the Bail Act 1982 section 59B;

    • (c)

      deal with an application made under the Criminal Procedure Act 2004 for an adjournment and perform the court’s functions under section 75 of that Act;

    • (d)

      adjourn a charge of a simple offence that, under the Criminal Procedure Act 2004 section 50(3), 52(1) or 53(1), has to be adjourned to a new court date;

    • (e)

      deal with a charge of an offence if —

      • (i)

        the accused is present in court; and

      • (ii)

        both the accused and the prosecutor consent to the prosecution being dealt with by the court constituted by 2 JPs alone; and

      • (iii)

        the accused pleads guilty;

    • (f)

      deal with a charge of an offence if the accused is not present in court and either —

      • (i)

        the court has received a written plea of guilty to the charge from the accused under the Criminal Procedure Act 2004; or

      • (ii)

        the court has not received a written plea from the accused under the Criminal Procedure Act 2004.

  • (2)

    A country court constituted by 2 JPs alone must not, when dealing with a charge of an indictable offence —

    • (a)

      deal with proceedings, or make an order, under The Criminal Code section 5 in respect of the charge; or

    • (b)

      deal with proceedings, or make an order, under the Criminal Procedure Act 2004 section 138 in respect of the charge; or

    • (c)

      determine (as that term is defined in the Criminal Procedure Act 2004) the charge; or

    • (d)

      under the Criminal Procedure Act 2004, dismiss the charge for want of prosecution.

[Regulation 10 amended: Gazette 27 Feb 2009 p. 519.]

11.When one JP may constitute the court in criminal cases
  • (1)

    One JP must not constitute a country court unless advised by a registrar or a deputy registrar that it is impracticable in the circumstances to also request a second JP to constitute the court.

  • (2)

    A country court constituted by one JP may do any of the following —

    • (a)

      perform the court’s functions under the Bail Act 1982 sections 5(2) and 7(1) in relation to bail for an accused for an appearance in the Magistrates Court, other than an initial appearance, and under the Restraining Orders Act 1997 section 63(1);

    • (b)

      exercise the court’s jurisdiction under the Bail Act 1982 section 59B;

    • (c)

      deal with an application made under the Criminal Procedure Act 2004 for an adjournment and perform the court’s functions under section 75 of that Act;

    • (d)

      adjourn a charge of a simple offence that, under the Criminal Procedure Act 2004 section 50(3), 52(1) or 53(1), has to be adjourned to a new court date.

[Regulation 11 amended: Gazette 27 Feb 2009 p. 519.]

Part 4 – Miscellaneous

[Heading inserted: Gazette 22 Aug 2008 p. 3668.]

12.Persons prescribed (Act s. 33(7)(i))

For the purposes of section 33(7)(i) the following persons are prescribed —

  • (a)

    the CEO as defined in the Working with Children (Screening) Act 2004 section 4;

  • (b)

    an officer of the Department assisting the CEO in carrying out a criminal record check as those terms are defined in the Working with Children (Screening) Act 2004 section 4;

  • (ba)

    the CEO as defined in the National Disability Insurance Scheme (Worker Screening) Act 2020 section 5(1);

  • (bb)

    an officer assisting the CEO in carrying out a criminal record check as those terms are defined in the National Disability Insurance Scheme (Worker Screening) Act 2020 section 5(1);

  • (ca)

    the chief executive officer as defined in the Prisons Act 1981 section 3(1);

  • (cb)

    a person authorised by the chief executive officer as defined in the Prisons Act 1981 section 3(1);

  • (c)

    the chief executive officer of the department of the Public Service principally assisting the Minister in the administration of the Act.

[Regulation 12 inserted: Gazette 22 Aug 2008 p. 3668-9; amended: Gazette 27 Apr 2012 p. 1767; 30 Sep 2014 p. 3597; SL 2021/26 r. 6.]

Notes

This is a compilation of the Magistrates Court Regulations 2005 and includes amendments made by other written laws. For provisions that have come into operation, or versions that include editorial changes made under the Legislation Act 2021 Part 3, see the compilation table. For provisions affected by editorial changes see the editorial changes table.

Compilation table

Citation

Published

Commencement

Magistrates Court Regulations 2005

28 Apr 2005 p. 1561-71

1 May 2005 (see r. 2 and Gazette 31 Dec 2004 p. 7127)

Magistrates Courts Amendment Regulations 2008

22 Aug 2008 p. 3668-9

r. 1 and 2: 22 Aug 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 23 Aug 2008 (see r. 2(b))

Magistrates Court Amendment Regulations 2009

27 Feb 2009 p. 518-19

r. 1 and 2: 27 Feb 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Mar 2009 (see r. 2(b) and Gazette 27 Feb 2009 p. 511)

Magistrates Court Amendment Regulations 2011

24 Jun 2011 p. 2507‑8

r. 1 and 2: 24 Jun 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 25 Jun 2011 (see r. 2(b))

Magistrates Court Amendment Regulations 2012

27 Apr 2012 p. 1766‑7

r. 1 and 2: 27 Apr 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 28 Apr 2012 (see r. 2(b))

Reprint 1: The Magistrates Court Regulations 2005 as at 17 Aug 2012 (includes amendments listed above)

Magistrates Court Amendment Regulations (No. 2) 2014

30 Sep 2014 p. 3597

r. 1 and 2: 30 Sep 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Oct 2014 (see r. 2(b))

Magistrates Court Amendment Regulations 2015

10 Feb 2015 p. 615-16

r. 1 and 2: 10 Feb 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 27 Apr 2015 (see r. 2(b) and Gazette 17 Apr 2015 p. 1371)

Attorney General Regulations Amendment (Family Violence Restraining Orders) Regulations 2017 Pt. 6

27 Jun 2017 p. 3432‑5

1 Jul 2017 (see r. 2(b))

Attorney General Regulations Amendment (NDIS) Regulations 2021 Pt. 3

SL 2021/26 26 Feb 2021

27 Feb 2021 (see r. 2(b))

Magistrates Court Regulations 2005 with editorial changes as at 14 Jun 2024

Editorial changes table

The Legislation Act 2021 Part 3 authorises the Parliamentary Counsel to make editorial changes to laws. This power cannot be used to change the effect of a law. If an editorial change is made to a law, the law has effect as if the change had been made by another law that amended the law and commenced on the day on which the change is made.

To see the editorial changes included in a version of a law, see the compare document for that version on the WA Legislation website.

Provision/s affected

Authorising provision of Legislation Act 2021 Part 3

Effective date of change

r. 12(a) and (b)

s. 25(2)

14 Jun 2024

Other notes

1         Repealed by the Planning and Development (Consequential and Transitional Provisions) Act 2005 s. 4.

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

country court..................................................................................................................... 3

metropolitan court............................................................................................................ 3

Perth metropolitan region............................................................................................... 3

© State of Western Australia 2024 .

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit work as: © State of Western Australia 2024 .

By Authority: GEOFF O. LAWN, Government Printer

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