Western Australian Consolidated Regulations

CRIMINAL PROCEDURE REGULATIONS 2005 - SCHEDULE 1

[r. 4]

1 .         Arrest warrant

Western Australia [ Name of court ] at No:				Arrest warrant for an accused or an offender 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 be arrested	Full name
	Date of birth				Male/Female
	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 issue of warrant	Under the Bail Act 1982  — □         Person required at application to cancel 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 charges	Prosecution notice/ Indictment No.		Description of offence
Warrant issued by	Signature: Judicial officer/[ Title of officer ]					Date
Execution details	Person arrested on 20 at 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 [ Name of court ] at No:				Remand warrant
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 remanded	Full name
	Date of birth				Male/Female
	Address
Reason for warrant Command	The above person appeared before this court in relation to these offences and the 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 charged	Prosecution notice/ Indictment No.		Description of offence
New court date (if in custody) [Tick one box]	Date:         Time: Court: Place: Unless the court orders otherwise before that date, the accused must be brought before the court — □         in person □         by means of a video link or audio link
New court date (if bailed)	Date:         Time: Court: Place:
Bail	□ Granted (see below) □ Not granted
Bail details (if granted)	Conditions: Surety to be approved by □ JP □ Other (specify)
Warrant issued by	Signature: Judicial officer/[ Title of officer ]					Date

3.         Prosecution notice (r. 8)

Western Australia Criminal Procedure Act 2004 [ Name of court ] at No:			Prosecution notice
Details of alleged offence 1	Accused
	Date or period
	Place
	Description
	Written law
Notice to accused	You are charged with the offence described above, or the offences described in any attachment to this notice. The charge(s) will be dealt with by the above court.
Accused’s details 2	Date of birth			Male/Female
	Address
Prosecutor 3
Person issuing this notice	Full name
	Official title
	Work address
	Work telephone
	Signature
	Witness’s signature 4	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 Criminal Procedure Act 2004 [ Name of court ] at No:			Summons to an accused
Accused’s details	Full name
	Address
Hearing details	The charge(s) in the attached prosecution 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 details	This summons is issued on [ date ]. …………………………… [ Title of person issuing summons ]
Service details [*Police only]	I personally served a copy of this summons and the prosecution notice referred to above on the accused at [ place ]         on [ date ]. Name of server:         *Registered No: Signature:         Station:

5.         Court hearing notice

Western Australia Criminal Procedure Act 2004 [ Name of court ] at No:			Court hearing notice
Accused’s details	Full name
	Address
Hearing details	The charge(s) in the attached prosecution notice dated will be first dealt with by the above court on         at         a.m./p.m. at
Notice to accused	Your options are set out below. You should 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 nothing [Option 2]	If you do not appear at the above hearing and you do not send the court a written 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 not guilty in writing [Option 3]	Pleading not guilty to a charge in the prosecution notice means you do not admit the charge. If you send the court a written plea of not 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 guilty in writing [Option 4]	Pleading guilty to a charge in the prosecution notice means you admit the charge. 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 details	This notice is issued on [ date ]. …………………………… [ Title of person issuing notice ]
Service details 1 [*Police only]	On 20 , the accused was served with a copy of this notice and the prosecution notice referred to above in the following manner: Name of server:         *Registered No: 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 Criminal Procedure Act 2004 [ Name of court ] at No:			Written plea by accused
Accused’s details	Full name
	Address
Accused’s plea	I have received a prosecution notice dated 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 guilty [Tick one box] [Tick one box]	□         I plead guilty to the charge(s) in the prosecution notice. □         I plead guilty to Charge No. 1 in the prosecution notice. Attendance at court: □         I will be attending the hearing on the 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 guilty [Tick one box] [Tick one box]	□         I plead not guilty to the charge(s) in the prosecution notice. □         I plead not guilty to Charge No.3 in the prosecution notice. Attendance at court: □         I will be attending the hearing on the 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 details	My contact details are — Address (if different to the one above): Telephone No.         Fax No.         Mobile No.
Lawyer’s details [If a lawyer will appear for you]	Name: Firm name:
Accused’s signature 6				Date
Court address	Send this document to: 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 [ Name of court ] at No:		Application in or after a prosecution
Case	[ Names of all parties ]
Applicant	[ Name of the party applying ]
Application details	The applicant applies for — [ Set out the order or orders sought ]
Signature of applicant or lawyer	Applicant/Applicant’s lawyer		Date
Hearing details	This application will be heard — 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 [ Name of court ] at No:		Application under the Crimes Act 1914 (Cwlth) section 9
Case	[ Names of all parties ]
Applicant	[ Name of the party applying ]
Application details	The applicant applies for an order that the following forfeited articles be condemned:
Signature of applicant or lawyer	Applicant/Applicant’s lawyer		Date
Hearing details	This application will be heard — 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 [ Name of court ] at No:			Application to set aside decision made in absence of a party
Case	[ Names of all parties ]
Applicant	[ Name of the party applying ]
Application	Under the Criminal Procedure Act 2004 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 disqualification order, suspension of  1	□         Under the Criminal Procedure Act 2004 section 71(3) the applicant applies for an order that suspends the court’s order disqualifying the accused from holding or obtaining a licence under a written law until the above application is decided.
Decision details	Court	at         No.
	Date
Grounds 2 [Tick one box]	The grounds for this application are — □         I did not receive notice of the court date on which the above decision was made. □         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 of applicant or lawyer	Applicant/Applicant’s lawyer			Date
Hearing details	This application will be heard — 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 [ Name of court ] at No:		Request that person in custody be present to give 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 custody		Place of custody (if known)
Signature of applicant or lawyer	Applicant/Applicant’s lawyer		Date

9.         Application for witness summons (r. 25(1))

Criminal Procedure Act 2004 [ Name of court ] at No:		Application for witness summons
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 of witness(es)	1.
Signature of applicant or lawyer	Applicant/Applicant’s lawyer		Date
Result of application	□         Application granted. □         Application refused because: …………………………… Prescribed court officer		Date

10.         Witness summons to give oral evidence (r. 25(1)(a))

Western Australia Criminal Procedure Act 2004 [ Name of court ] at No:		Witness summons to give oral evidence
Case	[ Names of the parties to the case in which the witness is required ]
To: [Witness’s details]	[ Full name and address ]
Command	You are commanded to attend personally at the time and place specified below to give evidence in the above matter.
Time and place to appear	You must attend personally as follows: Date:         Time: 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 requesting summons	This summons is issued by the court at the request of [ party ] For inquiries contact         Tel:         Ref:
Date summons issued	This summons is issued by the court on [ date ].		Court seal
Service details [*Police only]	I personally served a copy of this summons 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 out the amount of money or other means for 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 Criminal Procedure Act 2004 [ Name of court ] at No:		Witness summons to produce a record or thing
Case	[ Names of the parties to the case in which the witness is required ]
To: [Witness’s details]	[ Full name and address ]
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 place to produce record or thing	Date:         Time: Court: Place:
Records or things to be produced	You must produce to the court the following: [ 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 requesting summons	This summons is issued by the court at the request of [ party ] For inquiries contact         Tel:         Ref:
Date summons issued	This summons is issued by the court on [ date ].		Court seal
Service details [*Police only]	I personally served a copy of this summons 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 out the amount of money or other means for the witness to comply with the summons ]. Name of server:         *Registered No: Signature:         *Station:

12.         Arrest warrant for a witness (r. 27)

Western Australia Criminal Procedure Act 2004 [ Name of court ] at No:			Arrest warrant for a witness 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 be arrested	Full name
	Date of birth			Male/Female
	Address
Case in which witness is required	The above person is wanted as a witness in the following case: [ Set out the parties to the case. ]
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 warrant	□         The above person did not obey a witness summons. □         The above person is wanted as a witness in the above matter.
Warrant issued by	Signature: Judicial officer				Date
Execution details	Person arrested on 20 at hours at by:         Registered No: of:         Station: Signature:         Date:

13.         Warrant to imprison a witness (r. 28)

Western Australia Criminal Procedure Act 2004 [ Name of court ] at No:			Warrant to imprison a witness
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 birth			Male/Female
	Address
Case in which witness is required	The above person is wanted as a witness in the following case: [ Set out the parties to the case. ]
Command [Tick box(es) as required]	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 below; unless before then — □         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	Date:         Time: Place:
Order as to witness 1
Order as to surety 2
Warrant issued by	Signature: Judicial officer				Date

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 [ Name of court ] at No:			Application for review of court officer’s decision
Case	[ Names of all parties ]
Applicant	[ Name of the party applying ]
Decision to be reviewed	Date of decision
	Brief description of decision
Application	Under the Criminal Procedure Act 2004 section 184 the applicant applies for a review of the above decision.
Extension of time	Is this application lodged within 7 days after the date of the above decision? Yes/No If no, state why the application is lodged late:
Grounds of review	1.
Signature of applicant or lawyer	Applicant/Applicant’s lawyer			Date
Hearing details	This application will be heard — on [ date ] at [ time ] or as soon after as possible, at [ place ]