Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) Subject to
subregulation (2), the procedure that applies to the hearing and
determination of a charge of a detention offence is —
(a) the
prosecuting officer is to state the case against the detainee and call any
witnesses in support of the charge;
(b) the
superintendent or visiting justice may take evidence on oath, affirmation or
otherwise at his or her discretion;
(c) the
prosecuting officer is to conduct the examination in chief of each witness and
the detainee or the detainee’s representative may cross‑examine
each witness;
(d) the
prosecuting officer may re‑examine each witness on matters arising out
of cross‑examination;
(e) the
prosecuting officer is then to close his or her case; and
(f) the
detainee is then to give evidence on his or her own behalf and call any
witnesses, and paragraphs (c), (d) and (e) are to apply with necessary
modifications.
(2) The superintendent
or visiting justice may at the request of the detainee or the detainee’s
representative adjourn the hearing of the charge to permit the detainee to
consider the charge more properly and prepare a defence to it.
(3) The superintendent
or visiting justice —
(a) is
to conduct proceedings expeditiously and without undue adjournment or delay;
(b) is
to keep or cause to be kept an accurate record of proceedings;
(c) may
question a witness called; and
(d) may
direct that a particular witness be called or call and question a witness.
(4) The prosecuting
officer and the detainee or the detainee’s representative may question a
witness called and questioned under subregulation (3)(d).
[Heading inserted in Gazette 9 Jan 1996
p. 54.]