Western Australian Consolidated Acts

DIRECTOR OF PUBLIC PROSECUTIONS ACT 1991 - SECT 19

19 .         Taking over matters under s. 11 or 13, manner of

        (1)         For the purposes of sections 11(1)(b) and 13(b) the Director takes over a prosecution or appeal by giving notice in writing that the Director has taken over the matter —

            (a)         to the person who would otherwise be responsible for the matter as prosecutor, informant, appellant or respondent, as the case may be; and

            (b)         if the prosecution or appeal has been initiated in a court, to the clerk or registrar of that court,

                and on compliance with this subsection, the Director becomes the prosecutor, appellant or respondent, as the case may be.

        (2)         An irregularity or defect in a notice under subsection (1) does not affect its validity.

        (3)         Nothing in this Part shall be read as preventing the exercise by the Director of any power or discretion to discontinue or terminate a prosecution or appeal that has been taken over under this Part.

        [Section 19 amended by No. 21 of 2004 s. 6; No. 84 of 2004 s. 80.]