Western Australian Consolidated Regulations

CRIMINAL PROCEDURE RULES 2005 - SCHEDULE 2

[r. 38(6)]

Notice to witness

                This notice and the attached document(s) are very important.

                Please read them very carefully. If you have any trouble understanding them, you should get legal advice as soon as possible.

                Attached to this notice is either one or two witness summonses that have been issued by a court.

                Your rights

                You may be able to apply to the court to have the summons(es) set aside. If you want to make such an application you should get legal advice.

                Your obligations

                You must obey the summons(es) if at the time you were served with them or at some reasonable time before the date(s) when the summons(es) require you to appear in court —

        •         an amount that is likely to be sufficient to meet your reasonable expenses of attending court was tendered to you;

        •         arrangements to enable you to attend court were made with you; or

        •         you were provided the means to enable you to attend court.

                If you do not obey the summons(es) you may be imprisoned or fined or both.

                Are you restricted in where you can go by a legal order?

                Read this if you are subject to a legal restriction on your movements that you might breach when you obey the summons(es); for example one of these —

        •         a bail undertaking;

        •         an order imposed on you by a court as or part of a sentence;

        •         a work and development order;

        •         a parole or other order imposed on you when you were released from prison.

                If you are restricted in where you can go, you must —

        •         tell the person who supervises the order that restricts your movements; and

        •         tell the court that issued the summons(es); and

        •         tell the party that requested the summons(es),

                as soon as practicable after you are served with the summons(es).

                You must take all reasonable steps to have the restriction varied so that you can comply with the summons(es).

                If the restriction is not varied you must tell the court that issued the summons(es) and the party that requested the summons(es) either —

        •         of the steps you took to have the restriction varied and that the restriction has not been varied; or

        •         that the law does not permit that variation,

                whichever is the case.