Western Australian Consolidated Acts

DISTRICT COURT OF WESTERN AUSTRALIA ACT 1969 - SECT 45

45 .         Change of trial from or to Supreme Court

        (1)         When a person has been committed for trial or sentence to the Supreme Court or an indictment has been presented against a person in that court for an offence triable in the Court, any District Court judge, if so requested by the Chief Justice of Western Australia, may try or sentence such person, and for that purpose the District Court judge has the same powers and may exercise the same jurisdiction as if the committal had been to, or the indictment had been presented in, the Court.

        (2)         A request of the Chief Justice of Western Australia made under subsection (1) may be made in respect of a particular case or cases or in respect of a specified class or classes thereof.

        (3)         When a person has been ordered or is deemed to have been ordered to be committed to take his trial for an indictable offence before the Court or an indictment has been presented against a person in the Court, a judge of the Supreme Court has the same powers and may exercise the same jurisdiction to try such person as if the committal had been to, or the indictment presented in, the Supreme Court.

[ 46-49.         Deleted by No. 84 of 2004 s. 35.]