Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
Act, and in particular section 74A, every charge of a prison offence
shall be heard and determined in the presence of the prisoner charged and in
either the prison where it is alleged the offence was committed or some other
suitable place.
(2) A court of summary
jurisdiction hearing a charge of an aggravated prison offence may direct that
the hearing shall take place in open court.
(3) A prison officer
who has been authorised in writing by the superintendent for the purpose may
appear before a court of summary jurisdiction on the hearing of a charge of an
aggravated prison offence and conduct the prosecution.
[Section 74 amended by No. 59 of 2004
s. 141; No. 65 of 2006 s. 25.]