Western Australian Consolidated Regulations

CRIMINAL PROCEDURE REGULATIONS 2005 - REG 29

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.