Western Australian Numbered Acts Western Australian Numbered Acts (1) Section 729 is
amended as follows:
(a) by
inserting before “When” in the first paragraph the subsection
designation “ (1) ”;
(b) by
inserting before “When” in the second paragraph the subsection
designation “ (2) ”.
(2) Section 729 is
amended by inserting after the second paragraph the following
subsections —
“
(3) When an indictment is presented in a court in the
circumstances referred to in subsection (1), the court may, on its own
motion or on the application of the accused person, direct the
Crown —
(a) to
serve the accused person and to lodge with the court, within such time as is
specified, a copy of any statement made, in accordance with section 69 of the
Justices Act 1902 , by a person whose evidence the Crown proposes to
adduce at the trial; and
(b) to
afford the accused person reasonable opportunity to inspect any material
exhibits that the Crown proposes to tender at the trial.
(4) If a copy of a
statement of a person is served in accordance with a direction made under
subsection (3)(a), the original of the statement may be produced and
given in evidence at the trial —
(a) if
it is proved to the satisfaction of the court that the person is dead, or out
of Western Australia, or so ill as not to be able to travel, although there
may be a prospect of the person’s recovery; or
(b) if
the person is kept out of the way by the accused person.
(5) If there is a
prospect of the recovery of a person proved to be too ill to travel, the court
shall not be obliged to receive the statement, but may postpone the trial,
discharging a jury if one has been empanelled if it thinks fit.
”.
