Western Australia Criminal Procedure Act 2004 Criminal Procedure Regulations 2005 Western Australia Criminal Procedure Regulations 2005 CONTENTS Part 1 - Preliminary 1. Citation 1 2. Commencement 1 3. Terms used 1 Part 2 - General 4. Forms prescribed 3 5. Forms, completion of 3 6. Service information 3 Part 3 - CPA Part 2 regulations 6A. Prescribed Acts (CPA s. 4) 5 7. Corresponding laws prescribed (CPA s. 11) 5 Part 4 - CPA Part 3 regulations Division 1 - General 7A. Public authority prescribed (CPA s. 18) 6 8. Prosecution notice 6 9. Warrant in the first instance, applying for 7 10. Prescribed simple offences (CPA s. 35) 9 11. Committal, prescribed periods after (CPA s. 45) 9 12. Listed simple offences (CPA s. 60) 10 Division 2 - Applications to courts of summary jurisdiction Subdivision 1 - Applications in or after a prosecution 13. Application of this Subdivision 10 14. Applications, general provisions about 10 15. Applications that can be made orally 11 16. Application for arrest warrant for accused (CPA s. 28) 11 17. Application for an adjournment due to non-disclosure (CPA s. 63) 12 18. Application to set aside decision made in absence of a party (CPA s. 71) 12 19. Application for use of video link (CPA s. 77) 12 20. Applications, non-appearance at hearing of 12 Subdivision 2 - Applications not in or after a prosecution 20A. Applications under the Crimes Act 1914 (Cwlth) s. 9 12 Part 5 - Witnesses 21. Term used: trial date 13 22. Application of this Part 13 23. Prescribed court officers (CPA s. 159) 13 24. Witness in custody, request for presence of 13 25. Witness summons, application for (CPA s. 159) 13 26. Early compliance with summons to produce in court of summary jurisdiction 14 27. Arrest warrant for a witness (CPA s. 159(2)) 15 28. Warrant to imprison a witness (CPA Sch. 4 cl. 2) 15 Part 6 - CPA Part 6 regulations 28A. Destruction or disposal of unclaimed exhibits 16 28B. Fee for additional copy of served documents (CPA s. 175A) 16 29. Application to correct court record (CPA s. 179) 16 30. Application for review of court officer's decision (CPA s. 184) 17 Part 7 - CPA Schedule 3 regulations 31. Transcripts, certification of (CPA Sch. 3 cl. 6) 18 Part 8 - Miscellaneous matters 32. Dangerous Sexual Offenders Act 2006 s. 21, applications under 19 Schedule 1 - Forms 1. Arrest warrant 20 2. Remand warrant 22 3. Prosecution notice (r. 8) 23 4. Summons to an accused 24 5. Court hearing notice 25 6. Application in or after a prosecution (r. 14) 29 6A. Application under the Crimes Act 1914 (Cwlth) section 9 (r. 20A) 29 7. Application to set aside decision made in absence of a party (r. 18) 30 8. Request that person in custody be present to give evidence (r. 24) 31 9. Application for witness summons (r. 25(1)) 31 10. Witness summons to give oral evidence (r. 25(1)(a)) 32 11. Witness summons to produce a record or thing (r. 25(1)(b)) 33 12. Arrest warrant for a witness (r. 27) 34 13. Warrant to imprison a witness (r. 28) 35 14. Application for review of court officer's decision (r. 30) 36 Schedule 1A - Infringement notices: prescribed Acts Schedule 2 - Information for witnesses Schedule 3 - Prescribed simple offences 1. Criminal Code offence 41 2. Prostitution Act 2000 offence 41 3. Restraining Orders Act 1997 offences 41 4. Road Traffic Act 1974 offence 41 Schedule 4 - Listed simple offences 1. Criminal Code offence 42 2. Environmental Protection Act 1986 offences 42 3. Fish Resources Management Act 1994 offences 42 4. Liquor Control Act 1988 offences 42 5. Mines Safety and Inspection Act 1994 offences 42 6. Occupational Safety and Health Act 1984 offences 42 7. Prostitution Act 2000 offence 42 8. Restraining Orders Act 1997 offences 43 9. Road Traffic Act 1974 offence 43 Notes Compilation table 44 Defined Terms Western Australia Criminal Procedure Act 2004 Criminal Procedure Regulations 2005 Part 1 - Preliminary 1. Citation These regulations are the Criminal Procedure Regulations 2005 1. 2. Commencement These regulations come into operation on 2 May 2005. 3. Terms used (1) In these regulations, unless the contrary intention appears - CPA means the Criminal Procedure Act 2004; Form, if followed by a number, means the form of that number in Schedule 1; lodge a document, means to lodge it with the court concerned at the registry where the prosecution concerned is being conducted together with any fee required to be paid under - (a) the Magistrates Court (Fees) Regulations 2005; or (b) the Children's Court (Fees) Regulations 2005, as the case requires; working day means a day other than a Saturday, a Sunday, or a public holiday. (2) Examples in these regulations do not form part of them and are provided to assist understanding. Part 2 - General 4. Forms prescribed Each form in Schedule 1 is prescribed for the purposes for which it is applicable, whether under the CPA or another Act referred to in the form. 5. Forms, completion of (1) When completing a form in Schedule 1 - (a) the name of a party must be capitalised according to the preference of the party; and (b) the family name of a party must be underlined. Examples: Vincent van Gogh; Wong Hei; Mary Jane Citizen. (2) A person completing a form in Schedule 1 must adapt the form to the circumstances of the prosecution concerned, such as where there is more than one accused. (3) If an item in a form in Schedule 1 does not have enough space to complete it, the person completing it must - (a) insert in the item "See attachment [number]"; and (b) attach to the form a separate document titled "Attachment [number] - [name of the item]". 6. Service information Unless a form in Schedule 1 provides otherwise, the following information is the service information that must be included in the service certificate on a document that is served on a person under the CPA Schedule 2 - (a) the name of the person who served the document; (b) the name of the person served with the document; (c) how the document was served; (d) if the document was served under the CPA Schedule 2 clause 2 - the date on which, and the time and place at which, it was served; (e) if the document was served under the CPA Schedule 2 clause 3 - (i) the date on which it was posted; (ii) the address to which it was posted; and (iii) if the CPA Schedule 2 clause 3(4) or (5) applies, a statement as to how the person who served the document is qualified to serve it. Part 3 - CPA Part 2 regulations 6A. Prescribed Acts (CPA s. 4) For the purposes of the definition of prescribed Act in the CPA section 4, the Acts listed in Schedule 1A are prescribed. [Regulation 6A inserted in Gazette 14 Jul 2006 p. 2568.] 7. Corresponding laws prescribed (CPA s. 11) For the purposes of the definition of corresponding law in the CPA section 11, each law of each jurisdiction listed in the Table to this regulation is prescribed to be a law that corresponds with the Road Traffic Act 1974 or the Control of Vehicles (Off-road Areas) Act 1978. Table |Jurisdictio|Corresponding law | |n | | |Australian |Road Transport (General) Act 1999 | |Capital |Road Transport (Driver Licensing) Act| |Territory |1999 | | |Road Transport (Vehicle Registration)| | |Act 1999 | |New South |Road Transport (General) Act 1999 2 | |Wales |Road Transport (Driver Licensing) Act| | |1998 | | |Road Transport (Vehicle Registration)| | |Act 1997 | |Northern |Motor Vehicles Act 2004 | |Territory | | |Queensland |Transport Operations Road Use | | |Management Act 1995 | |South |Motor Vehicles Act 1959 | |Australia | | |Tasmania |Vehicle and Traffic Act 1999 | |Victoria |Road Safety Act 1986 | Part 4 - CPA Part 3 regulations Division 1 - General 7A. Public authority prescribed (CPA s. 18) For the purposes of paragraph (c) of the definition of authorised investigator in the CPA section 18 the following are a prescribed public authority - (a) the Department as defined in the Child Care Services Act 2007 section 3; (b) the Authority as defined in the Public Transport Authority Act 2003 section 3. [Regulation 7A inserted in Gazette 21 Apr 2009 p. 1368.] 8. Prosecution notice (1) A prosecution notice must be in the form of Form 3. (2) Any attachment to a prosecution notice must be signed by the person or persons who sign the notice. (3) A prosecution notice must not allege both an either way charge and an indictable charge that is not an either way charge. (4) If a prosecution notice alleges more than one offence - (a) the item in Form 3 that requires the details of the alleged offence must contain "See attachment 1 - Charges"; (b) in the attachment - (i) each alleged offence must be numbered consecutively as "Charge No. 1 of 2" and "Charge No. 2 of 2" as the case requires; and (ii) the details of each alleged offence, as required by Form 3, must be stated. (5) If a prosecution notice alleges that more than one person committed an offence - (a) the item in Form 3 that requires the accused's details must contain "See attachment [number] - Accused"; (b) in the attachment - (i) each of the accused must be numbered consecutively as "Accused No. 1 of 2" and "Accused No. 2 of 2" as the case requires; and (ii) the name of each accused, and the accused's details, as required by Form 3, must be stated; (c) on the original of the notice that is lodged, in the item in Form 3 that requires the details of the alleged offence, the name of the first accused in the item must be marked with an asterisk; and (d) for each of the other accused the prosecutor must lodge a copy of the original of the notice (together with its attachment or attachments) on which, in the item in Form 3 that requires the details of the alleged offence, the name of the accused to which the copy relates is marked with an asterisk. 9. Warrant in the first instance, applying for (1) In this regulation - remote communication means any way of communicating at a distance including by telephone, fax, email and radio. (2) A reference in this regulation to making an application includes a reference to giving information in support of the application. (3) This regulation applies to and in respect of an application to a magistrate under the CPA section 28 for an arrest warrant for an accused. (4) The application must be made in person before the magistrate in chambers unless - (a) the warrant is needed urgently; and (b) the applicant reasonably believes that a magistrate is not available within a reasonable distance of the applicant, in which case - (c) it may be made to a magistrate by remote communication; and (d) the magistrate must not grant it unless satisfied about the matters in paragraphs (a) and (b). (5) The application must be made in writing unless - (a) the application is made by remote communication; and (b) it is not practicable to send the magistrate written material, in which case - (c) it may be made orally; and (d) the magistrate must make a written record of the application and any information given in support of it. (5a) Despite subregulation (5), information in support of the application may be given orally if the warrant is needed urgently, in which case the magistrate must make a written record of the information. (6) The application must be made on oath unless - (a) the application is made by remote communication; and (b) it is not practicable for the magistrate to administer an oath to the applicant, in which case - (c) it may be made in an unsworn form; and (d) if the magistrate issues a warrant, the applicant must as soon as practicable send the magistrate an affidavit verifying the application and any information given in support of it. (7) If on an application made by remote communication a magistrate issues a warrant, the magistrate must, if practicable, send a copy of the original warrant to the applicant by remote communication, but otherwise - (a) the magistrate must give the applicant by remote communication any information that must be set out in the warrant; (b) the applicant must complete a form of a warrant with the information received and give the magistrate a copy of the form as soon as practicable after doing so; and (c) the magistrate must attach the copy of the form to the original warrant and any affidavit received from the applicant and make them available to the applicant. (8) The copy of the original warrant sent, or the form of the warrant completed, as the case may be, under subregulation (7) has the same force and effect as the original warrant. (9) If an applicant contravenes subregulation (6)(d) or (7)(b) any evidence obtained under the warrant is not admissible in proceedings in a court unless the court is satisfied that the desirability of admitting the evidence outweighs the undesirability of admitting the evidence. [Regulation 9 amended in Gazette 14 Nov 2006 p. 4728.] 10. Prescribed simple offences (CPA s. 35) For the purposes of the CPA section 35, the offences listed in Schedule 3 are prescribed as prescribed simple offences. 11. Committal, prescribed periods after (CPA s. 45) (1) For the purposes of the CPA section 45(2), the prescribed period is 21 days. (2) For the purposes of the CPA section 45(3), the prescribed period is 21 days. 12. Listed simple offences (CPA s. 60) For the purposes of the CPA section 60, the offences listed in Schedule 4 are prescribed as listed simple offences. Division 2 - Applications to courts of summary jurisdiction Subdivision 1 - Applications in or after a prosecution [Heading inserted in Gazette 9 Nov 2007 p. 5612.] 13. Application of this Subdivision (1) This Subdivision applies to and in respect of any application that may be made to a court of summary jurisdiction - (a) in a prosecution; or (b) after a prosecution - (i) if the application could have been, but was not, made in the prosecution; or (ii) under the CPA section 72. (2) This Subdivision does not apply to or in respect of an application that may be made to a superior court. [Regulation 13 inserted in Gazette 9 Nov 2007 p. 5612.] 14. Applications, general provisions about (1) This regulation applies to and in respect of an application except to the extent that - (a) another regulation provides otherwise; (b) the CPA or a written law provides otherwise; or (c) a court, in a particular case, permits otherwise. (2) The application must be made by lodging a Form 6. (3) The application and any affidavit in support of it must be lodged and served at least 3 clear working days before the date on which it is to be heard, unless the court orders otherwise. (4) The application must be served on each other party in accordance with the CPA Schedule 2 clause 2 or 3. (5) The application must be heard in court and not in chambers. 15. Applications that can be made orally Despite regulation 14(2) and (3), these applications may be made orally unless the court in any particular case orders otherwise - (a) an application for bail; (b) an application to vary a condition of bail; (c) an application made under the Bail Act 1982 section 20 or 54; (d) an application for the issue of a warrant under the Bail Act 1982 section 59B; (e) an application under the CPA to a prescribed court officer, other than an application under the CPA section 159; (f) an application to adjourn a prosecution, other than an application made under the CPA section 63(2); (g) an application for the use of a video link or audio link at the hearing of any proceedings in a prosecution; (h) an application for a directions hearing; (i) an application for costs; (j) an application for forfeiture. [Regulation 15 amended in Gazette 27 Feb 2009 p. 518.] 16. Application for arrest warrant for accused (CPA s. 28) An application under the CPA section 28(3) or (4) to a magistrate for an arrest warrant for an accused must be lodged together with - (a) the prosecution notice that alleges one or more charges against the accused; and (b) a draft arrest warrant for the accused. 17. Application for an adjournment due to non-disclosure (CPA s. 63) An application under the CPA section 63(2) must be lodged and served at least 5 clear working days before the date on which the trial is listed to begin, unless the court orders otherwise. 18. Application to set aside decision made in absence of a party (CPA s. 71) An application under the CPA section 71 must be made by lodging a Form 7 together with an affidavit verifying the grounds for the application. 19. Application for use of video link (CPA s. 77) An application for an order under the CPA section 77(2) or (3) may be dealt with in chambers. 20. Applications, non-appearance at hearing of If a court is satisfied that a party who does not appear at the hearing of an application has had adequate notice of the hearing, the court may deal with the application in the absence of the party. Subdivision 2 - Applications not in or after a prosecution [Heading inserted in Gazette 9 Nov 2007 p. 5612.] 20A. Applications under the Crimes Act 1914 (Cwlth) s. 9 (1) An application under the Crimes Act 1914 of the Commonwealth section 9 must be made by lodging a Form 6A. (2) The application and any affidavit in support of it must be lodged at least 3 clear working days before the date on which it is to be heard, unless the court orders otherwise. (3) The application may be heard in chambers. [Regulation 20A inserted in Gazette 9 Nov 2007 p. 5612.] Part 5 - Witnesses 21. Term used: trial date In this Part - trial date, in relation to a trial, means the date the trial is listed to begin. 22. Application of this Part This Part does not apply to or in respect of a prosecution in a superior court. 23. Prescribed court officers (CPA s. 159) For the purposes of the CPA section 159 the prescribed court officers for a court are as follows - (a) for the Magistrates Court, any registrar; (b) for the Children's Court, any registrar; (c) for an industrial magistrate's court established under the Industrial Relations Act 1979, the clerk of the court; (d) for a compensation magistrate's court established under the Workers' Compensation and Injury Management Act 1981, the clerk of the court. 24. Witness in custody, request for presence of If a party or other person wants a person who is in legal custody to be present to give oral evidence in a case, he or she must lodge a Form 8. 25. Witness summons, application for (CPA s. 159) (1) To make an application under the CPA section 159 a party must lodge a Form 9 to which is attached one or both of the following - (a) a draft witness summons, in the form of Form 10, that requires the witness to attend the court to give oral evidence in the case; (b) a draft witness summons, in the form of Form 11, that requires the witness to attend the court and produce to the court a record or thing that is relevant to the case. (2) The attendance date in a witness summons to produce a record or thing must be - (a) if the person who applied for the issue of the summons so requests, a date before the trial date; or (b) otherwise, the trial date. (3) A witness summons must be issued under the seal of the court concerned. (4) A witness summons must contain or be accompanied by the information to the witness in Schedule 2. 26. Early compliance with summons to produce in court of summary jurisdiction (1) This regulation applies in the case of a witness summons to produce a record or thing if - (a) the summons requires the witness to produce the record or thing to the court on a date before the trial date; or (b) under the CPA section 163 the witness wishes to produce the record or thing to the court on a date before the trial date. (2) The witness may produce the record or thing in person or may send it to the court by post or a courier. (3) If the witness produces more than one record or thing to the court, the witness must give the court a list of whatever is produced. (4) If the witness claims that any record or thing to which the summons relates is privileged, the witness - (a) must apply for an order that the record or thing is privileged; and (b) must produce the record or thing to the court at the hearing of the application. (5) An application under subregulation (4)(a) must be lodged as soon as practicable after the witness is served with the witness summons and in any event on or before the attendance date in the witness summons. (6) On receiving the record or thing produced, a registrar must - (a) issue a receipt to the witness for the record or thing; and (b) keep the record or thing in safe custody until any application for an order under the CPA section 163(3) is decided and, subject to any order made on such an application, until the trial date. 27. Arrest warrant for a witness (CPA s. 159(2)) A warrant to arrest a witness (whether issued under the CPA section 159(3) or under the Evidence Act 1906 section 16(1)(b)) must be in the form of Form 12. 28. Warrant to imprison a witness (CPA Sch. 4 cl. 2) A warrant to imprison a witness under the CPA Schedule 4 clause 2 must be in the form of Form 13. Part 6 - CPA Part 6 regulations 28A. Destruction or disposal of unclaimed exhibits If an exhibit tendered in evidence to a court remains in the possession of the court after reasonable steps have been taken to identify a person who is entitled to possession of it and to require the person to collect it from the court, a magistrate may order a registrar to destroy it or dispose of it in some other way. [Regulation 28A inserted in Gazette 9 Nov 2007 p. 5612-13.] 28B. Fee for additional copy of served documents (CPA s. 175A) The fee to be paid for giving another copy of a document under section 175A of the Act is the fee set out in the Magistrates Court (Fees) Regulations 2005 Schedule 1 Division 1 item 1(b). [Regulation 28B inserted in Gazette 16 May 2008 p. 1910.] 29. Application to correct court record (CPA s. 179) (1) If an application made under the CPA section 179 to correct a record of a court in respect of an accused is made by or on behalf of the prosecutor in the relevant prosecution against the accused, the application - (a) need not be served on the accused; and (b) may be dealt with in the absence of the accused, unless a court orders otherwise. (2) If an application made under the CPA section 179 to correct a record of a court in a prosecution is made by a person other than the prosecutor, the application - (a) must be served on the prosecutor; and (b) must not be dealt with in the absence of the prosecutor unless a court considers it is in the interests of justice to do so. 30. Application for review of court officer's decision (CPA s. 184) (1) To make an application under the CPA section 184 a person must lodge a Form 14. (2) The court may deal with the application either - (a) at a hearing of which notice has been given to the parties; or (b) without a hearing on the basis of the documents lodged with the court. (3) If the application is dealt with without a hearing, the court must notify the parties of the court's decision on the application. Part 7 - CPA Schedule 3 regulations 31. Transcripts, certification of (CPA Sch. 3 cl. 6) (1) For the purposes of the CPA Schedule 3 clause 6(5), a certificate that a transcript of a witness's evidence is correct must comply with the Evidence Act 1906 section 50A(2). (2) A person who signs a certificate required by the CPA Schedule 3 clause 6(5) knowing that it is false in a material particular commits an offence. Penalty: $1 000. Part 8 - Miscellaneous matters [Heading inserted in Gazette 14 Nov 2006 p. 4728.] 32. Dangerous Sexual Offenders Act 2006 s. 21, applications under Regulation 9, other than subregulations (3) and (6), applies with any necessary changes to and in respect of an application under the Dangerous Sexual Offenders Act 2006 section 21 to a magistrate for a warrant or a summons. [Regulation 32 inserted in Gazette 14 Nov 2006 p. 4728-9.] Schedule 1 - Forms [r. 4] 1. Arrest warrant |Western Australia |Arrest warrant for an | |[Name of court] at |accused or an offender | |No: |CWI Warrant No. | |To |All police officers. | | |All persons authorised to exercise a power | | |in the Court Security and Custodial | | |Services Act 1999 Schedule 2 clause 2. | |Person to |Full name | | |be | | | |arrested | | | | |Date of | |Male/Female | | |birth | | | | |Address | | |Command |This warrant authorises and commands you to| | |arrest the above person and bring him or | | |her before the above court to be dealt with| | |according to law. | | |When arrested the person must be brought | | |before the above court as soon as is | | |reasonably practicable, either in person or| | |by means of an audio link or video link. | |Reason for|Under the Bail Act 1982 - | |issue of |( Person required at application to cancel | |warrant |surety undertaking (s. 48). | | |( Person required at application to vary or| | |revoke bail (s. 54). | | |( Person did not obey bail undertaking | | |(s. 59B). | | |Under the Criminal Procedure Act 2004 - | | |( Issued in the first instance to accompany| | |a prosecution notice or indictment charging| | |the person (s. 28, 86). | | |( Person did not obey summons (s. 38). | | |( Person required to appear on a charge (s.| | |139). | | |Under the Young Offenders Act 1994 - | | |( Person did not obey notice to attend | | |court (s. 43). | | |Under the Sentencing Act 1995 - | | |( Person required for sentencing (s. 14, | | |33J). | | |( Person required so court can ascertain if| | |he or she has complied with PSO, CRO or CSI| | |requirements (s. 33C, 50, 84O). | | |( Person required to answer allegation of | | |breach, or likely breach, of PSO (s. 33P). | | |( Person required at application to amend | | |or cancel CRO, CBO, ISO or CSI requirements| | |(s. 14, 84H, 126). | | |( Person required to answer allegation of | | |re-offending while subject to CRO, CBO, | | |ISO, CSI or suspended imprisonment (s. 79, | | |84E, 129). | | |Other (specify) - | |Relevant |Prosecution |Description of offence | |charges |notice/ | | | |Indictment | | | |No. | | | | | | | | | | |Warrant |Signature: |Date | | |issued by | | | | | |Judicial officer/[Title of | | | | |officer] | | | |Execution |Person arrested on 20 at | |details |hours at | | |by: Registered No.: | | |of: Station: | | |Signature: Date: | [Form 1 amended in Gazette 12 May 2006 p. 1784; 27 Feb 2009 p. 518.] 2. Remand warrant |Western Australia |Remand warrant | |[Name of court] at | | |No: | | |To |All police officers. | | |Chief executive officer under the Prisons | | |Act 1981. | | |All persons authorised to exercise a power | | |in the Court Security and Custodial | | |Services Act 1999 Schedule 2 clause 2 or 3,| | |as the case requires. | |Person |Full name | | |remanded | | | | |Date of | |Male/Female | | |birth | | | | |Address | | |Reason for|The above person appeared before this court| |warrant |in relation to these offences and the | |Command |proceedings were adjourned. | | |This warrant authorises and commands you to| | |keep the person in custody until the new | | |court date stated below, when you shall | | |bring the person to the court at the place | | |stated below, unless before then bail, if | | |granted, is entered into under the Bail | | |Act 1982 in accordance with the conditions | | |below. | |Offences |Prosecution |Description of offence | |charged |notice/ | | | |Indictment | | | |No. | | | | | | | | | | |New court |Date: Time: | |date |Court: | |(if in |Place: | |custody) |Unless the court orders otherwise before | | |that date, the accused must be brought | | |before the court - | |[Tick one |( in person | |box] |( by means of a video link or audio link | |New court |Date: Time: | |date |Court: | |(if |Place: | |bailed) | | |Bail |( Granted (see below) ( Not granted | |Bail |Conditions: | |details | | |(if |Surety to be approved by ( JP ( Other | |granted) |(specify) | |Warrant |Signature: |Date | | |issued by | | | | | |Judicial officer/[Title of| | | | |officer] | | | 3. Prosecution notice (r. 8) |Western Australia |Prosecution notice | |Criminal Procedure Act 2004| | | | | |[Name of court] at | | |No: | | |Details of|Accused | | |alleged | | | |offence1 | | | | |Date or | | | |period | | | |Place | | | |Descriptio| | | |n | | | |Written | | | |law | | |Notice to |You are charged with the offence described | |accused |above, | | |or the offences described in any attachment| | |to this notice. | | |The charge(s) will be dealt with by the | | |above court. | |Accused's |Date of | |Male/Female | |details2 |birth | | | | |Address | | |Prosecutor| | |3 | | |Person |Full name | | |issuing | | | |this | | | |notice | | | | |Official | | | |title | | | |Work | | | |address | | | |Work | | | |telephone | | | |Signature | | | |Witness's | | | |signature4|JP/Prescribed court officer | |Date |This prosecution notice is signed on | Notes to Form 3 - 1. This description must comply with the CPA Schedule 1 clause 5. 2. This description must comply with the CPA Schedule 1 clause 4. 3. Identify the prosecutor in accordance with the CPA Schedule 1 clause 3. 4. A witness may not be needed. See the CPA section 23. 4. Summons to an accused |Western Australia |Summons to an accused | |Criminal Procedure Act 2004| | | | | |[Name of court] at | | |No: | | |Accused's |Full name | | |details | | | | |Address | | |Hearing |The charge(s) in the attached prosecution | |details |notice dated | | |will be dealt with by the above court on | | |at a.m./p.m. | | |at | |Command |You are commanded to attend personally | | |before the above court at the above hearing| | |to be dealt with according to law. | | |You must attend at the court until you are | | |released by the court, not only on the | | |above date but also on subsequent days. | |Warning |If you do not obey this summons you may be | | |arrested. | |Notice |If you do not know what to do, you should | | |get advice from a lawyer, the Legal Aid | | |Commission or the Aboriginal Legal Service.| | | | | |If you will need an interpreter in court, | | |please contact the court. | |Issuing |This summons is issued on [date]. | |details |................................. | | |[Title of person issuing summons] | |Service |I personally served a copy of this summons | |details |and the prosecution notice referred to | | |above on the accused at [place] on [date]. | |[*Police |Name of server: *Registered No: | |only] |Signature: Station: | 5. Court hearing notice |Western Australia |Court hearing notice | |Criminal Procedure Act 2004| | | | | |[Name of court] at | | |No: | | |Accused's |Full name | | |details | | | | |Address | | |Hearing |The charge(s) in the attached prosecution | |details |notice dated | | |will be first dealt with by the above court| | |on at a.m./p.m. | | |at | |Notice to |Your options are set out below. You should | |accused |read them carefully. | | |If you do not know what to do, you should | | |get advice from a lawyer, the Legal Aid | | |Commission or the Aboriginal Legal Service.| | | | | |If you will need an interpreter in court, | | |please contact the court. | |Options |1. You can attend the above hearing. | | |2. You can do nothing. | | |3. You can plead not guilty in writing. | | |4. You can plead guilty in writing. | | |Options 2, 3 and 4 are explained below. | |Doing |If you do not appear at the above hearing | |nothing |and you do not send the court a written | |[Option 2]|plea in time, the court may determine the | | |charge(s) at the above hearing in your | | |absence. | | |In some cases the court can take as proved | | |any allegation in the attached prosecution | | |notice without hearing evidence. | | |The court may decide to summons you to | | |court or have you arrested and brought | | |before the court. | | |If the court finds you guilty, it may fine | | |you and order you to pay court costs and | | |the prosecutor's costs. | |Pleading |Pleading not guilty to a charge in the | |not guilty|prosecution notice means you do not admit | |in writing|the charge. | | |If you send the court a written plea of not| |[Option 3]|guilty, you need not attend the above | | |hearing. If the court receives your written| | |plea in time it will send you a notice of | | |another hearing at which the court will | | |deal with the charge(s) (in your absence if| | |you are not there) and hear any evidence | | |you wish to give and any witnesses you | | |call. | | |To send the court a written plea of not | | |guilty, fill out page 2 of this form and | | |send page 2 to the address on it at least 3| | |days before the above hearing date. | |Pleading |Pleading guilty to a charge in the | |guilty in |prosecution notice means you admit the | |writing |charge. | |[Option 4]|If you send the court a written plea of | | |guilty, you need not attend the above | | |hearing unless you want to tell the court | | |something. | | |If the court receives your written plea in | | |time it will deal with the charge(s) at the| | |above hearing (in your absence if you are | | |not there) and may fine you and order you | | |to pay court costs and the prosecutor's | | |costs. | | |To send the court a written plea of guilty,| | |fill out page 2 of this form, include any | | |written explanation or information you want| | |the court to consider, and send it all to | | |the address on the form at least 3 days | | |before the above hearing date. | | |The court might not accept your plea of | | |guilty if what you tell the court suggests | | |you do not admit the charge. If that | | |happens you will be notified. | |Issuing |This notice is issued on [date]. | |details |................................. | | |[Title of person issuing notice] | |Service |On 20 , the accused was | |details1 |served with a copy of this notice and the | | |prosecution notice referred to above in the| | |following manner: | |[*Police |Name of server: *Registered No: | |only] |Signature: *Station: | Notes to Form 5 page one - 1. Service must be in one of the manners in the CPA Schedule 2 clauses 2, 3 or 4 (see s. 33(3)). Insert here whichever manner of service was used. Form 5 page 2 |Western Australia |Written plea by accused | |Criminal Procedure Act 2004| | | | | |[Name of court] at | | |No: | | |Accused's |Full name| | |details | | | | |Address | | |Accused's |I have received a prosecution notice dated| |plea | | | |and a court hearing notice advising me of | | |the hearing on [date]. | | |I understand or have had explained to me | | |the charge(s) in the prosecution notice | | |and the contents of the court hearing | | |notice and I understand the effect of this| | |written plea I am sending to the court. | |Plea of |( I plead guilty to the charge(s) in the | |guilty |prosecution notice. | |[Tick one |( I plead guilty to Charge No. 1 in the| |box] |prosecution notice. | | |Attendance at court: | |[Tick one |( I will be attending the hearing on the | |box] |above date. | | |( I will not be attending the hearing on | | |the above date. | | |I would like the court to take account of | | |the following: 2 | |Plea of not|( I plead not guilty to the charge(s) in | |guilty |the prosecution notice. | |[Tick one |( I plead not guilty to Charge No.3 in | |box] |the prosecution notice. | | |Attendance at court: | |[Tick one |( I will be attending the hearing on the | |box] |above date. | | |( I will not be attending the hearing on | | |the above date. | | |At the trial of the charge(s) I intend to | | |call4 witnesses (including myself). | | |When setting a date for the trial please | | |take account of the following:5 | |Contact |My contact details are - | |details |Address (if different to the one above): | | |Telephone No. Fax No. Mobile No. | |Lawyer's |Name: | |details |Firm name: | |[If a | | |lawyer will| | |appear for | | |you] | | |Accused's | |Dat| | |signature6 | |e | | |Court |Send this document to: | |address |at: | Notes to Form 5 page 2 - 1. If the prosecution notice contains more than one charge and you want to plead guilty to only some of them, write the numbers of the charges here. 2. If you are pleading guilty you can (but need not) explain why you committed the offence(s) and give any information that you want the court to consider when deciding what sentence to impose on you. 3. If the prosecution notice contains more than one charge and you want to plead not guilty to only some of them, write the numbers of them here. 4. Please insert the number of witnesses to assist the court in deciding how long the trial might last. 5. Please provide any information that might assist the court when setting the date for the trial such as dates when you will be overseas or in hospital. 6. This may be signed by the accused's lawyer or, if the accused is a corporation, made in accordance with the Criminal Procedure Act 2004 section 154(1). 6. Application in or after a prosecution (r. 14) |Criminal Procedure Act 2004 |Application in or after a | |[Name of court] at |prosecution | |No: | | |Case |[Names of all parties] | |Applicant |[Name of the party applying] | |Applicatio|The applicant applies for - | |n details |[Set out the order or orders sought] | |Signature | |Date | | |of | | | | |applicant |Applicant/Applicant's | | | |or lawyer |lawyer | | | |Hearing |This application will be heard - | |details |on [date] at [time] or as soon after as | | |possible, | | |at [place] | [Form 6 amended in Gazette 9 Nov 2007 p. 5613.] 6A. Application under the Crimes Act 1914 (Cwlth) section 9 (r. 20A) |Criminal Procedure Act 2004 |Application under the | |[Name of court] at |Crimes Act 1914 (Cwlth) | |No: |section 9 | |Case |[Names of all parties] | |Applicant |[Name of the party applying] | |Applicatio|The applicant applies for an order that | |n details |the following forfeited articles be | | |condemned: | | | | | | | | | | |Signature | |Date | | |of | | | | |applicant |Applicant/Applicant's | | | |or lawyer |lawyer | | | |Hearing |This application will be heard - | |details |on [date] at [time] or as soon after as | | |possible, | | |at [place] | [Form 6A inserted in Gazette 9 Nov 2007 p. 5613.] 7. Application to set aside decision made in absence of a party (r. 18) |Criminal Procedure Act 2004 |Application to set aside | |[Name of court] at |decision made in absence | |No: |of a party | |Case |[Names of all parties] | |Applicant |[Name of the party applying] | |Applicatio|Under the Criminal Procedure Act 2004 | |n |section 71, the applicant applies for an | | |order that sets aside the decision | | |specified below and that orders the charge | | |specified below to be dealt with again. | |Licence |( Under the Criminal Procedure Act 2004 | |disqualifi|section 71(3) the applicant applies for an | |cation |order that suspends the court's order | |order, |disqualifying the accused from holding or | |suspension|obtaining a licence under a written law | |of 1 |until the above application is decided. | |Decision |Court| at No. | |details | | | | |Date | | |Grounds2 |The grounds for this application are - | | |( I did not receive notice of the court | |[Tick one |date on which the above decision was made. | |box] |( I did not receive notice of the court | | |date on which the above decision was made | | |in enough time to enable me to appear. | | |( I did receive notice of the court date on| | |which the above decision was made but I did| | |not appear for these reasons - | |Signature | |Date | | |of | | | | |applicant |Applicant/Applicant's | | | |or lawyer |lawyer | | | |Hearing |This application will be heard - | |details |on [date] at [time] or as soon after as | | |possible, | | |at [place] | Notes to Form 7 - 1. Tick the box if you are applying under the Criminal Procedure Act 2004 section 71(3). 2. You must lodge an affidavit verifying these grounds. 8. Request that person in custody be present to give evidence (r. 24) |Criminal Procedure Act 2004 |Request that person in | |[Name of court] at |custody be present to give| |No: |evidence | |Case |[Names of all parties] | |Applicant |[Name of the party requesting] | |Request |The applicant requests the court to require| | |the following person(s) to be present on | | |[date] at [place] to give evidence on | | |behalf of the applicant in this matter. | | |Full name of person in |Place of custody | | |custody |(if known) | | | | | |Signature | |Date | | |of | | | | |applicant |Applicant/Applicant's | | | |or lawyer |lawyer | | | 9. Application for witness summons (r. 25(1)) |Criminal Procedure Act 2004 |Application for witness | |[Name of court] at |summons | |No: | | |Case |[Names of all parties] | |Applicant |[Name of the party requesting] | |Request |The applicant requests the court to issue | | |the attached witness summons(es) requiring | | |the witness(es) named below to give or | | |produce evidence on behalf of the above | | |applicant in this matter. | |Full names|1. | |of | | |witness(es| | |) | | |Signature | |Date | | |of | | | | |applicant |Applicant/Applicant's | | | |or lawyer |lawyer | | | |Result of |( Application granted. |Date | | |applicatio|( Application refused | | | |n |because: | | | | | | | | | |..........................| | | | |....... | | | | |Prescribed court officer | | | 10. Witness summons to give oral evidence (r. 25(1)(a)) |Western Australia |Witness summons to give | |Criminal Procedure Act 2004 |oral evidence | |[Name of court] at | | |No: | | |Case |[Names of the parties to the case in which| | |the witness is required] | |To: |[Full name and address] | |[Witness's | | |details] | | |Command |You are commanded to attend personally at | | |the time and place specified below to give| | |evidence in the above matter. | |Time and |You must attend personally as follows: | |place to |Date: Time: | |appear |Court: | | |Place: | | |You must attend at the court until you are| | |released by the court, not only on the | | |above date but also on subsequent days. | |Warning |If you do not obey this summons you may be| | |arrested and also you may be imprisoned or| | |fined or both. | |Party |This summons is issued by the court at the| |requesting |request of [party] | |summons |For inquiries contact Tel: Ref: | |Date |This summons is issued by the |Court seal | |summons |court on [date]. | | |issued | | | |Service |I personally served a copy of this summons| |details |and the "Notice to witness" in the | | |Criminal Procedure Regulations 2005 | | |Schedule 2 on this witness at [place] on | | |[date]. | | |At the same time I gave the witness [set | |[*Police |out the amount of money or other means for| |only] |the witness to comply with the summons]. | | |Name of server: *Registered No: | | |Signature: *Station: | 11. Witness summons to produce a record or thing (r. 25(1)(b)) |Western Australia |Witness summons to produce| |Criminal Procedure Act 2004 |a record or thing | |[Name of court] at | | |No: | | |Case |[Names of the parties to the case in which| | |the witness is required] | |To: |[Full name and address] | |[Witness's | | |details] | | |Command |You are commanded to produce the records | | |or things described below at the place, | | |and on or before the date and time | | |specified below. | |Time and |Date: Time: | |place to |Court: | |produce |Place: | |record or | | |thing | | |Records or |You must produce to the court the | |things to |following: | |be produced|[Describe in reasonable detail each record| | |or thing to be produced; on an attachment | | |if necessary.] | |Warning |If you do not obey this summons you may be| | |arrested and also you may be imprisoned or| | |fined or both. | |Party |This summons is issued by the court at the| |requesting |request of [party] | |summons |For inquiries contact Tel: Ref: | |Date |This summons is issued by the |Court seal | |summons |court on [date]. | | |issued | | | |Service |I personally served a copy of this summons| |details |and the "Notice to witness" in the | | |Criminal Procedure Regulations 2005 | | |Schedule 2 on this witness at [place] on | | |[date]. | | |At the same time I gave the witness [set | |[*Police |out the amount of money or other means for| |only] |the witness to comply with the summons]. | | |Name of server: *Registered No: | | |Signature: *Station: | 12. Arrest warrant for a witness (r. 27) |Western Australia |Arrest warrant for a | |Criminal Procedure Act 2004 |witness | |[Name of court] at | | |No: |CWI Warrant No. | |To |All police officers. | | |All persons authorised to exercise a power | | |in the Court Security and Custodial | | |Services Act 1999 Schedule 2 clause 2. | |Person to |Full name| | |be | | | |arrested | | | | |Date of | |Male/Female | | |birth | | | | |Address | | |Case in |The above person is wanted as a witness in | |which |the following case: | |witness is|[Set out the parties to the case.] | |required | | |Command |This warrant authorises and commands you to| | |arrest the above person and take him or her| | |to the above court. | | |When arrested the person must be brought | | |before the above court as soon as is | | |reasonably practicable, either in person or| | |by means of an audio link or video link. | |Reason for|( The above person did not obey a witness | |warrant |summons. | | |( The above person is wanted as a witness | | |in the above matter. | |Warrant |Signature: |Date | | |issued by | | | | | |Judicial officer | | | |Execution |Person arrested on 20 at | |details |hours at | | |by: Registered No: | | |of: Station: | | |Signature: Date: | 13. Warrant to imprison a witness (r. 28) |Western Australia |Warrant to imprison a | |Criminal Procedure Act 2004 |witness | |[Name of court] at | | |No: | | |To |All police officers. | | |Chief executive officer under the Prisons | | |Act 1981. | | |All persons authorised to exercise a power | | |in the Court Security and Custodial | | |Services Act 1999 Schedule 2 clause 2 or 3 | | |as the case requires. | |Witness |Full name | | | |Date of | |Male/Female | | |birth | | | | |Address | | |Case in |The above person is wanted as a witness in | |which |the following case: | |witness is|[Set out the parties to the case.] | |required | | |Command |This warrant authorises and commands you to| | |keep the above witness in custody until the| | |hearing date below when you must bring the | | |witness to this court at the place stated | |[Tick |below; | |box(es) as|unless before then - | |required] |( the witness complies with an order made | | |under the Criminal Procedure Act 2004 | | |Schedule 4 clause 2(5) as set out below; | | |( one or more sureties comply with an order| | |made under the Criminal Procedure Act 2004 | | |Schedule 4 clause 2(5) as set out below. | |Hearing |Date: Time: | |date |Place: | |Order as | | |to | | |witness1 | | |Order as | | |to surety2| | |Warrant |Signature: |Date | | |issued by | | | | | |Judicial officer | | | Notes to Form 13 - 1. Leave blank if no order is made under the Criminal Procedure Act 2004 Schedule 4 clause 2(4). Otherwise set out terms of the order made under clause 2(4) and any order made under clause 2(5) in respect of the witness. 2. Leave blank if no order is made under the Criminal Procedure Act 2004 Schedule 4 clause 2(5) requiring one or more sureties. Otherwise set out the terms of any order made as to a surety or sureties. 14. Application for review of court officer's decision (r. 30) |Criminal Procedure Act 2004 |Application for review of | |[Name of court] at |court officer's decision | |No: | | |Case |[Names of all parties] | |Applicant |[Name of the party applying] | |Decision |Date of | | |to be |decision | | |reviewed | | | | |Brief | | | |description| | | |of decision| | |Applicatio|Under the Criminal Procedure Act 2004 | |n |section 184 the applicant applies for a | | |review of the above decision. | |Extension |Is this application lodged within 7 days | |of time |after the date of the above decision? | | |Yes/No | | |If no, state why the application is lodged | | |late: | |Grounds of|1. | |review | | |Signature | |Date | | |of | | | | |applicant |Applicant/Applicant's | | | |or lawyer |lawyer | | | |Hearing |This application will be heard - | |details |on [date] at [time] or as soon after as | | |possible, | | |at [place] | Schedule 1A - Infringement notices: prescribed Acts [r. 6A] [Heading inserted in Gazette 14 Jul 2006 p. 2568.] Associations Incorporation Act 1987 Building Act 2011 Building Services (Complaint Resolution and Administration) Act 2011 Building Services (Registration) Act 2011 Business Names Act 1962 Charitable Collections Act 1946 Chattel Securities Act 1987 Child Care Services Act 2007 Companies (Co-operative) Act 1943 Co-operative and Provident Societies Act 1903 Credit Act 1984 Credit (Administration) Act 1984 Debt Collectors Licensing Act 1964 Electricity Act 1945 Employment Agents Act 1976 Energy Coordination Act 1994 Energy Safety Act 2006 Fair Trading Act 2010 Gas Standards Act 1972 Hire-Purchase Act 1959 Juries Act 1957 Land Administration Act 1997 Land Valuers Licensing Act 1978 Real Estate and Business Agents Act 1978 Residential Tenancies Act 1987 Retail Trading Hours Act 1987 Settlement Agents Act 1981 Street Collections (Regulation) Act 1940 Sunday Entertainments Act 1979 Tobacco Products Control Act 2006 Travel Agents Act 1985 Western Australian Meat Industry Authority Act 1976 [Schedule 1A inserted in Gazette 14 Jul 2006 p. 2568-9; amended in Gazette 13 Nov 2007 p. 5696; 8 May 2009 p. 1502; 23 Jun 2009 p. 2467; 26 Jun 2009 p. 2569; 17 Sep 2010 p. 4758; 1 Jul 2011 p. 2724; 27 Oct 2011 p. 4552; 23 Mar 2012 p. 1369.] Schedule 2 - Information for witnesses [r. 25(4)] 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. Schedule 3 - Prescribed simple offences [r. 10] 1. Criminal Code offence The offence under The Criminal Code section 338E (Stalking). 2. Prostitution Act 2000 offence The offence under the Prostitution Act 2000 section 7 (Seeking to induce person to act as prostitute). 3. Restraining Orders Act 1997 offences The offences under the following sections of the Restraining Orders Act 1997 - (a) section 61(1) (Breaching a violence restraining order); (b) section 61(2a) (Breaching a police order). 4. Road Traffic Act 1974 offence The offence under the Road Traffic Act 1974 section 59A (Dangerous driving causing bodily harm). [Clause 4 amended in Gazette 9 Nov 2007 p. 5613.] Schedule 4 - Listed simple offences [r. 12] [Heading inserted in Gazette 9 Nov 2007 p. 5613.] 1. Criminal Code offence The offence under The Criminal Code section 338E (Stalking). [Clause 1 inserted in Gazette 9 Nov 2007 p. 5613.] 2. Environmental Protection Act 1986 offences Any simple offence under the Environmental Protection Act 1986. [Clause 2 inserted in Gazette 9 Nov 2007 p. 5613.] 3. Fish Resources Management Act 1994 offences Any simple offence under the Fish Resources Management Act 1994. [Clause 3 inserted in Gazette 9 Nov 2007 p. 5614.] 4. Liquor Control Act 1988 offences Any simple offence under the Liquor Control Act 1988. [Clause 4 inserted in Gazette 9 Nov 2007 p. 5614.] 5. Mines Safety and Inspection Act 1994 offences Any simple offence under the Mines Safety and Inspection Act 1994. [Clause 5 inserted in Gazette 9 Nov 2007 p. 5614.] 6. Occupational Safety and Health Act 1984 offences Any simple offence under the Occupational Safety and Health Act 1984. [Clause 6 inserted in Gazette 9 Nov 2007 p. 5614.] 7. Prostitution Act 2000 offence The offence under the Prostitution Act 2000 section 7 (Seeking to induce person to act as prostitute). [Clause 7 inserted in Gazette 9 Nov 2007 p. 5614.] 8. Restraining Orders Act 1997 offences The offences under the following sections of the Restraining Orders Act 1997 - (a) section 61(1) (Breaching a violence restraining order); (b) section 61(2a) (Breaching a police order). [Clause 8 inserted in Gazette 9 Nov 2007 p. 5614.] 9. Road Traffic Act 1974 offence The offence under the Road Traffic Act 1974 section 59A (Dangerous driving causing bodily harm). [Clause 9 inserted in Gazette 9 Nov 2007 p. 5614.] [pic] Notes 1 This is a compilation of the Criminal Procedure Regulations 2005 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint. Compilation table |Citation |Gazettal |Commencement | |Criminal Procedure |28 Apr 20|2 May 2005 (see | |Regulations 2005 |05 |r. 2) | | |p. 1441-8| | | |2 | | |Criminal Procedure |12 May 20|31 May 2006 (see | |Amendment Regulations |06 |r. 2 and Gazette | |2006 |p. 1784 |30 May 2006 p. 1965)| |Criminal Procedure |14 Jul 20|14 Jul 2006 | |Amendment Regulations |06 | | |(No. 2) 2006 |p. 2567-9| | |Criminal Procedure |14 Nov 20|14 Nov 2006 | |Amendment Regulations |06 | | |(No. 3) 2006 |p. 4728-9| | |Criminal Procedure |9 Nov |r. 1 and 2: 9 Nov | |Amendment Regulations |2007 |2007 (see r. 2(a)); | |2007 |p. 5611-1|Regulations other | | |4 |than r. 1 and 2: | | | |10 Nov 2007 (see | | | |r. 2(b)) | |Criminal Procedure |13 Nov |13 Nov 2007 (see | |Amendment Regulations |2007 |note to r. 1) | |(No. 2) 2007 |p. 5696 | | |Reprint 1: The Criminal Procedure Regulations 2005 as | |at 8 Feb 2008 (includes amendments listed above) | |Criminal Procedure |16 May |r. 1 and 2: | |Amendment Regulations |2008 |16 May 2008 | |2008 |p. 1909-1|(see r. 2(a)); | | |0 |Regulations other | | | |than r. 1 and 2: | | | |30 Sep 2008 (see | | | |r. 2(b) and Gazette | | | |11 Jul 2008 p. 3253)| |Criminal Procedure |27 Feb 20|r. 1 and 2: | |Amendment Regulations |09 |27 Feb 2009 | |2009 |p. 517-18|(see r. 2(a)); | | | |Regulations other | | | |than r. 1 and 2: | | | |1 Mar 2009 (see | | | |r. 2(b) and Gazette | | | |27 Feb 2009 p. 511) | |Criminal Procedure |21 Apr 20|r. 1 and 2: | |Amendment Regulations |09 |21 Apr 2009 | |(No. 3) 2009 |p. 1368 |(see r. 2(a)); | | | |Regulations other | | | |than r. 1 and 2: | | | |22 Apr 2009 (see | | | |r. 2(b)) | |Criminal Procedure |8 May 200|r. 1 and 2: | |Amendment Regulations |9 |8 May 2009 | |(No. 2) 2009 |p. 1501-2|(see r. 2(a)); | | | |Regulations other | | | |than r. 1 and 2: | | | |9 May 2009 (see | | | |r. 2(b)) | |Criminal Procedure |23 Jun 20|r. 1 and 2: | |Amendment Regulations |09 |23 Jun 2009 | |(No. 5) 2009 |p. 2467 |(see r. 2(a)); | | | |Regulations other | | | |than r. 1 and 2: | | | |24 Jun 2009 (see | | | |r. 2(b)) | |Criminal Procedure |26 Jun 20|r. 1 and 2: | |Amendment Regulations |09 |26 Jun 2009 | |(No. 4) 2009 |p. 2569 |(see r. 2(a)); | | | |Regulations other | | | |than r. 1 and 2: | | | |27 Jun 2009 (see | | | |r. 2(b)) | |Reprint 2: The Criminal Procedure Regulations 2005 as | |at 4 Sep 2009 (includes amendments listed above) | |Criminal Procedure |17 Sep |r. 1 and 2: | |Amendment Regulations |2010 |17 Sep 2010 | |2010 |p. 4758 |(see r. 2(a)); | | | |Regulations other | | | |than r. 1 and 2: | | | |18 Sep 2010 (see | | | |r. 2(b)) | |Criminal Procedure |1 Jul |r. 1 and 2: 1 | |Amendment Regulations |2011 |Jul 2011 | |2011 |p. 2724 |(see r. 2(a)); | | | |Regulations other | | | |than r. 1 and 2: 1 | | | |Jul 2011 (see | | | |r. 2(b)) | |Criminal Procedure |27 Oct |r. 1 and 2: 27 | |Amendment Regulations |2011 |Oct 2011 | |(No. 3) 2011 |p. 4551-2|(see r. 2(a)); | | | |Regulations other | | | |than r. 1 and 2: | | | |28 Oct 2011 (see | | | |r. 2(b)) | |Criminal Procedure |23 Mar |r. 1 and 2: 23 Mar | |Amendment Regulations |2012 |2012 (see r. 2(a)); | |(No. 4) 2011 |p. 1368-9|Regulations other | | | |than r. 1 and 2: | | | |24 Mar 2012 (see | | | |r. 2(b)) | 2 Repealed by the Road Transport (General) Act 2005 (NSW). See the Road Transport (General) Act 2005 (NSW). Defined Terms [This is a list of terms defined and the provisions where they are defined. The list is not part of the law.] Defined Term Provision(s) CPA 3(1) Form 3(1) lodge 3(1) remote communication 9(1) trial date 21 working day 3(1)