Western Australian Consolidated Acts

DANGEROUS SEXUAL OFFENDERS ACT 2006 - SECT 40B

40B .         Procedure on some charges of offences under s. 40A

        (1)         Except as provided in this section, the procedure applicable to and in relation to a charge of an offence under section 40A(1) is the procedure applicable to and in relation to a charge of any other simple offence.

        (2)         A prosecution of a charge of an offence under section 40A(1) against a person in relation to certain conduct may be commenced in the Supreme Court only if proceedings have been commenced under Part 2 Division 4 in respect of the person in relation to the same conduct and not concluded.

        (3)         Only an authorised officer (as defined in the Criminal Procedure Act 2004 section 80) can commence a prosecution of a charge of an offence under section 40A(1) in the Supreme Court.

        (4)         If proceedings on a charge of an offence under section 40A(1) against a person in relation to certain conduct, and proceedings commenced under Part 2 Division 4 in respect of the person in relation to the same conduct, are in progress at the same time —

            (a)         if a court of summary jurisdiction is dealing with the charge, it must, on an application made by a police officer or the DPP, transfer the charge to the Supreme Court; and

            (b)         the DPP must prosecute the charge in the Supreme Court; and

            (c)         a judge of the Supreme Court must deal with the charge summarily under the Criminal Procedure Act 2004 as if it were a prosecution of a simple offence in a court of summary jurisdiction, but —

                  (i)         no fees shall be charged by the Supreme Court for or in respect of any act or proceeding that relates to the prosecution; and

                  (ii)         the Supreme Court cannot order a party to the prosecution to pay another party’s costs of or relating to the prosecution, except under the Criminal Procedure Act 2004 section 166(2);

                and

            (d)         any findings of fact by the Supreme Court in the proceedings on the charge may be used in the proceedings under Part 2 Division 4; and

            (e)         if the person is convicted of the charge, the sentencing of the person may be adjourned until after the proceedings under Part 2 Division 4 are concluded; and

            (f)         if the Supreme Court fines the person for the offence, the court may make an order under the Sentencing Act 1995 section 59 in respect of the fine.

        (5)         A person who is dissatisfied with a decision (as defined in the Criminal Appeals Act 2004 section 6) made by the Supreme Court under subsection (4) in proceedings on a charge of an offence under section 40A(1) may, with the leave of the Court of Appeal, appeal against it.

        (6)         For the purposes of subsection (5), the Criminal Appeals Act 2004 Part 2, with any necessary changes, applies as if —

            (a)         the decision referred to in subsection (5) were a decision of a court of summary jurisdiction; and

            (b)         a reference in that Part to a court of summary jurisdiction were a reference to the Supreme Court; and

            (c)         a reference in that Part to the Supreme Court were a reference to the Court of Appeal.

        (7)         Despite the Criminal Appeals Act 2004 section 13(1), the appeal is to be dealt with by the Court of Appeal.

        [Section 40B inserted by No. 3 of 2011 s. 13.]