Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
unless a contrary intention appears —
accused includes —
(a) a
person charged with, convicted of, or found guilty of an offence;
(b) a
person whose conviction for an offence is stayed;
(c) a
person in respect of whom an appeal relating to an offence is pending;
(d) a
person in respect of whom a new trial for an offence has been ordered;
adjournment —
(a)
means any order of a court by which proceedings for an offence are postponed
or interrupted or are to be held at a different time or place before the same
court; and
(b) is
deemed to include any order of a court, other than a committal to the Supreme
Court or District Court, by which the venue of any proceedings for an offence
is changed to another court or a court at another place whether by way of a
remand, referral, or recommittal of the accused or otherwise;
appeal includes an application for leave to
appeal;
appropriate judicial officer means —
(a)
subject to paragraphs (b), (c) and (d), a judicial officer who is
empowered to exercise jurisdiction in the court before which the accused is
required to appear pursuant to his bail undertaking; or
(b) if
the court is the Court of Appeal, a judge of appeal; or
(c)
except in section 49, a judge of the Supreme Court or of the
Children’s Court, as the case may require, in any case
where —
(i)
under section 15 only a judge of the Supreme Court
or of the Children’s Court has power to grant bail; or
(ii)
a judicial officer has exercised the power contained in
section 31(2)(d),
for the appearance in
question; or
(d)
except in section 49, a judge of the Supreme Court, of the District
Court, or of the Children’s Court, as the case may require, in any case
where such a judge has granted bail under section 14 for the appearance
in question;
approved , in relation to a form, means approved
by the chief executive officer of the department of the Public Service
principally assisting in the administration of this Act;
as soon as is practicable means as soon as is
reasonably practicable;
authorised community services officer means any of
the following persons —
(a) the
CEO (corrections) or a delegate of the CEO (corrections) under
subsection (5);
(b) a
registrar of the Children’s Court;
(c) a
superintendent of a detention centre under the Young Offenders Act 1994
;
(d) the
officer for the time being in charge of any detention centre under the
Young Offenders Act 1994 ;
authorised officer means an authorised police
officer or an authorised community services officer;
authorised police officer means —
(a) a
police officer who holds the rank of sergeant, or a higher rank;
(b) the
police officer who is for the time being in charge of a police station;
(c)
whichever of these officers is for the time being in charge of a
lock-up —
(i)
a police officer;
(ii)
a special constable appointed under the
Police Act 1892 Part III whose powers, duties and obligations are or
include those of an authorised police officer under this Act;
(iii)
a police auxiliary officer appointed under the Police
Act 1892 Part IIIB whose powers, duties and obligations are or include
those of an authorised police officer under this Act;
bail undertaking means an undertaking described in
section 28(2);
CEO (corrections) means the chief executive
officer of the Public Sector agency principally assisting the Minister
administering Part 8 of the Sentence Administration Act 2003 in its
administration;
Chief Judge means the Chief Judge of the District
Court;
Chief Justice means the Chief Justice of Western
Australia;
child has the same meaning as “young
person” has in the Young Offenders Act 1994 ;
community corrections officer has the same meaning
as in the Sentence Administration Act 2003 ;
court means each of the
following —
(a) the
Magistrates Court;
(b) the
Children’s Court;
(c) the
Coroner’s Court of Western Australia;
(d) the
District Court;
(e) the
Supreme Court;
(f) the
Court of Appeal;
court custody centre has the meaning given in the
Court Security and Custodial Services Act 1999 section 3;
Director of Public Prosecutions
means —
(a) the
Director of Public Prosecutions for the State; or
(b) the
officer in charge in the State of the Commonwealth Office of the Director of
Public Prosecutions,
as the case requires;
early release order means an early release order
made under the Sentence Administration Act 1995 2 or
Sentence Administration Act 2003 ;
electronic address means a facsimile number, email
address or other electronic address, as the case requires;
electronic communication means facsimile
transmission, email or other form of electronic communication as defined in
the Electronic Transactions Act 2003 section 5;
home detention condition means a home detention
condition imposed under clause 3 of Part D of Schedule 1;
judge of appeal has the meaning given in the
Supreme Court Act 1935 section 4(1);
judicial officer means any person empowered to
exercise jurisdiction in a court whether or not he is sitting as a court, and
includes a single justice and, where the context so requires, the Court of
Appeal exercising jurisdiction under this Act;
lock-up includes a place prescribed as a lock-up
for the purposes of the Court Security and Custodial Services Act 1999 ;
offence means any act, omission or conduct which
renders the person doing the act, making the omission or engaging in the
conduct liable to any punishment, and includes an alleged offence; but nothing
in this definition shall limit the operation of subsection (4);
prosecutor includes —
(a) in
the case of an offence charged in a prosecution notice, the prosecutor;
(b) in
the case of an offence charged in an indictment, the State or the
Commonwealth, as the case may be;
registrar of a court means —
(a) for
a court other than the Coroner’s Court of Western Australia, the
principal registrar, a registrar or a deputy registrar of the court; or
(b) for
the Coroner’s Court of Western Australia, a coroner’s registrar as
defined in the Coroners Act 1996 section 3;
serious offence means —
(a) an
offence against section 51(2a); and
(b) an
offence described in Schedule 2;
surety and surety undertaking have the meanings
assigned to them by section 35;
surety approval officer means a person who is
authorised by section 36 to decide whether an applicant should be
approved as a surety;
trial means all proceedings for an offence
between —
(a) the
time when the accused is called upon to plead to the prosecution notice or the
indictment; and
(b) the
time when the accused is found not guilty or is sentenced.
(2) A reference in
this Act —
(a) to a
power to grant bail includes a reference to a power to refuse bail;
(b) to a
grant of bail includes a reference to a grant of bail by the exercise of a
power in section 31(2).
(3) Where in this
Act there is a reference to a requirement that an accused appear in
court, the reference is to a requirement, unless a contrary intention appears,
that the accused —
(a)
surrender himself into the custody of the court or, in the case of a bail
undertaking, of the court specified therein, or of such person as the court
may direct, to be dealt with according to law;
(b)
submit himself to a search of his person and any property then in his
possession (which is hereby authorised) and allow to be taken from him, to be
dealt with according to the relevant law and procedures, anything so found;
and
(c)
remain in custody until authorised to be released therefrom.
(4) If a person is
arrested under a warrant issued —
(a)
under section 50, 79, 84E or 129 of the Sentencing Act 1995 in
connection with a possible breach of a conditional release order, a sentence
of suspended imprisonment or conditional suspended imprisonment, or a
community order imposed under that Act; or
(b)
under section 43 of the Young Offenders Act 1994 in respect of an
alleged breach of a youth community based order, an intensive youth
supervision order or a conditional release order made under that Act,
then —
(c) the
person is to be taken as having been arrested and to be in custody awaiting an
appearance in court for the offence for which the sentence was imposed;
(d) the
first appearance in court after the arrest is to be taken, for the purposes of
sections 5(1) and 8(1) and clause 1 of Part A and clause 7 of
Part C of Schedule 1, to be the initial appearance for that offence; and
(e) the
proceedings following the arrest are to be taken to be proceedings for that
offence and to be a trial for the purpose of the definition in
subsection (1) of “trial”.
(5) The CEO
(corrections) may by writing signed by him delegate to any officer of the
department of which he is the chief executive officer any function he has
under this Act as an authorised community services officer.
[Section 3 amended by No. 74 of 1984
s. 3; No. 15 of 1988 s. 4; No. 49 of 1988 s. 78;
No. 61 of 1990 s. 4; No. 31 of 1993 s. 6; No. 45 of
1993 s. 4 and 12; No. 78 of 1995 s. 7; No. 57 of 1997
s. 21(1); No. 54 of 1998 s. 4 and 14; No. 47 of 1999 s. 7;
No. 50 of 2003 s. 29(3); No. 65 of 2003 s. 121(2); No. 27
of 2004 s. 13(2); No. 34 of 2004 s. 251; No. 45 of 2004
s. 28(4); No. 59 of 2004 s. 141; No. 84 of 2004 s. 11, 82
and 83(2); No. 65 of 2006 s. 51 and 53; No. 6 of 2008 s. 4
and 24(2).]
[Section 3. Modifications to be applied in order
to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009.
See endnote 1M; amended by No. 42 of 2009 s. 12.]