Western Australian Repealed Regulations Western Australian Repealed RegulationsThis legislation has been repealed.
Forms
Form 1
|
Western Australia JUSTICES (FORMS) REGULATIONS 1982 1.— SUMMONS TO THE DEFEN-DANT UPON COMPLAINT
OF INDICTABLE OFFENCE | |
CHARGE BY SUMMONS DEPT. MDL. No. BRIEF No. DATE OF BIRTH | |
CHARGE No. S COURT OF |
DEFENDANT’S | |
| | | | | | | |
|
|
THE COMPLAINT OF:
........................................
............................................ | |||||
|
THESE ARE THEREFORE TO COMMAND | ||||||
| | | |||||
| |
Summons signed at .
in the said State, on the day and year first mentioned above. Signature of J.P. or C.P.S. | |||||
NOTE.
The above charge is an offence that allows you to decide whether it will be
heard before a Magistrate or Judge and jury. There are therefore certain
essential preliminary steps that must be taken on the date this summons
requires you to attend Court. YOU MUST THEREFORE APPEAR AT COURT ON THAT DATE.
IF YOU DO NOT APPEAR A WARRANT MAY BE ISSUED FOR YOUR ARREST.
When your case is called in Court the Magistrate will ask you (a) if you want
it to be heard by a Magistrate or by a Judge and jury and (b) whether you wish
to plead not guilty or guilty. Each time you must tell the Magistrate what you
wish to do. He will then inform you what must happen as a result of the
answers you have given.
However please note that if you intend to defend the charge it will not be
heard.
(Reverse of Form 1)
INDORSEMENT OF SERVICE
_______________
On the..............................................day
of.........................................................20.............,
at..............................................., I served the
within-named...............................................
.......................................................with the within summons
by delivering a duplicate of it to him personally [ or by leaving a duplicate
of it for him with.......................................
.......................................................... at
..............................................................................,
his last known place of abode].
(Signature).................................................
(Date)...........................................
OR
(Applicable only for offences against Acts, Regulations, Rules, By-laws or
Orders referred to in or prescribed under section 56A of the Justices
Act .)
2. I, the complainant, or a person authorised in
writing by the complainant, do hereby certify that I did on
the.......................................day
of...................................... 20............, despatch by prepaid
registered post
numbered....................................................................
to....................................................................
at..................................................................
.............................................................................................................................................
his last known place of residence/business, a duplicate of the within summons.
(Signature).................................................
(Date)...........................................
Form 2
|
CHILDREN’S COURT | |
Charge no. |
| |
Court of Origin | |
| |
ORIGINAL (To be lodged at Children’s Court) |
|
Defendant’s Details |
Surname | |
Date of Birth / /
| ||||||||||
|
Given Names | |
Sex o Male
o Female | |||||||||||
|
Address | |
Driver’s Licence | |||||||||||
| | | | |||||||||||
| | | | |||||||||||
|
Postcode | | | |||||||||||
|
|
Short Description: | | | ||||||||||
|
Date and Time: | | | |||||||||||
|
Place: | | | |||||||||||
|
Brief Description | | | | ||||||||||
|
Act or |
o State o C’wealth |
Act/Regulation |
Section |
Subsection/Paragraph | |||||||||
|
Court Appearance |
Court |
Date / / |
Time | ||||||||||
|
Police or Other Complainant |
Full Name |
Date / / |
Signature | ||||||||||
|
Details of Issuing Officer |
Full Name |
Regimental No. ..................... | |||||||||||
|
Agency |
................................................ | ||||||||||||
|
Location |
Signature of Issuing Officer | ||||||||||||
| | | | |||||||||||
|
|
1. On the .................day of ...................................
20.......... at ............................. | ||||||||||||
|
I personally served a Notice to attend court under section 33(1)(a)(ii) of the
Child Welfare Act 1947 on the defendant. Signature of |
Signature of Defendant | ||||||||||||
| | | ||||||||||||
|
2. On the .................day of ...................................
20.......... at
............................. | |||||||||||||
|
|
Name | |
Restitution | ||||||||||
|
Address | |
Name | |||||||||||
| | |
Address | |||||||||||
| | | | |||||||||||
|
Postcode | |
Postcode | |||||||||||
| | | | |||||||||||
Form 2A .
|
Western Australia JUSTICES (FORMS) REGULATIONS 1982 2A.— SUMMONS TO | |
CHARGE BY SUMMONS DEPT. MDL. No. BRIEF No. DATE OF BIRTH | |
CHARGE No. S COURT OF |
SERVICE | |
| | | | | | | |
|
|
THE COMPLAINT OF:
........................................
............................................ | |||||
|
THESE ARE THEREFORE TO COMMAND | ||||||
| | | |||||
| |
Summons signed at .
in the said State, on the day and year first mentioned above. Signature of J.P. or C.P.S. | |||||
(Reverse of Form 2A)
INDORSEMENT OF SERVICE
On the..............................................day
of..........................................................20............,
at..............................................., I served the
within-named................................................
.......................................................with the within summons
by delivering a duplicate of it to him personally [ or by leaving a duplicate
of it for him with .......................................
.......................................................... at
..............................................................................,
his last known place of abode].
(Signature) .................................................
(Date)...........................................
OR
(Applicable only for offences against Acts, Regulations, Rules, By-laws or
Orders referred to in or prescribed under section 56A of the Justices
Act .)
2. I, the complainant, or a person authorised in writing by the
complainant, do hereby certify that I did on
the.......................................day
of........................................................
20.............,
despatch by prepaid registered post
numbered.................................................
to....................................................................at...................................................................
.............................................................................................................................................
his last known place of residence/business, a duplicate of the within summons.
(Signature).................................................
(Date)...........................................
Form 2B
|
Western Australia JUSTICES (FORMS) REGULATIONS 1982 2B.— SUMMONS TO THE DEFEN-
DANT UPON
COMPLAINT | |
CHARGE BY SUMMONS DEPT. MDL. No. BRIEF No. DATE OF BIRTH | |
CHARGE No. S COURT OF |
DEFENDANT’S | |
| | | | | | | |
|
|
THE COMPLAINT OF:
........................................
............................................ | |||||
|
THESE ARE THEREFORE TO COMMAND | ||||||
| | | |||||
| |
Summons signed at .
in the said State, on the day and year first mentioned above. Signature of J.P. or C.P.S. | |||||
The alternatives open to you are: —
(a) To enter a PLEA OF NOT GUILTY by completing
the appropriate section on the reverse side of this summons and returning it
to the Clerk of Petty Sessions to reach him prior to the hearing date above.
(It should be received by the Clerk no later than 3 days prior to that
date). If you plead not guilty you do not have to attend Court and your case
will be adjourned to a subsequent date when you and your witnesses will be
required to attend.
You will be advised in writing of the date fixed
for hearing. If, within 14 days of entering a plea of not guilty, you
have not been advised of the date fixed for hearing you should contact the
Court to find out that date.
(b) To enter a PLEA OF GUILTY by completing the
appropriate section on the reverse side of this summons and returning it to
the Clerk of Petty Sessions to reach him prior to the hearing date. (It should
be received by the Clerk no later than 3 days prior to that date). There
will be no need for you to attend unless you wish to address the Court on
mitigation of penalty. You may also forward with the summons any written
explanation or other information you believe is relevant to the charge.
(c) If you fail to take either of the alternatives
mentioned above, and you fail to appear at Court on the day and time stated in
this summons, the Court may —
(i)
proceed to hear and determine the complaint in your
absence and, if the complainant is a public officer, take as proved any
allegation in this summons;
(ii)
adjourn your case and issue a further summons; or
(iii)
adjourn your case and issue a warrant to have you
arrested and brought before the Court.
(d) If you are convicted of the offence alleged in
this summons you may be liable to the penalty prescribed for the offence, the
court costs and any legal costs claimed by the prosecution.
(e) If you are in doubt as to what action you
should take it is suggested that you seek legal advice from a lawyer or from
the Legal Aid Commission.
NOTE (a) IT IS YOUR RESPONSIBILITY TO ASCERTAIN
ANY PENALTY AND/OR CANCELLATION/SUSPENSION OF LICENCE WHICH MAY BE IMPOSED BY
THE COURT AGAINST YOU AT THE TIME AND DATE OF HEARING SHOWN HEREON.
(b) IF THE COURT CONSIDERS IT NECESSARY THAT YOU
BE PRESENT FOR SENTENCING IT MAY —
(i)
ADJOURN YOUR CASE AND ISSUE A FURTHER SUMMONS TO HAVE YOU
APPEAR IN COURT; OR
(ii)
ADJOURN YOUR CASE AND ISSUE A WARRANT TO HAVE YOU
ARRESTED AND BROUGHT BEFORE THE COURT.
(Reverse of Form 2B)
SECTION A
PLEA OF NOT GUILTY
Should you desire to plead not guilty please endorse this summons in the place
provided hereunder “I plead not guilty” and give your address for
service of notices, sign and date where indicated and then return to the Court
of Petty Sessions mentioned on the front of this form to reach it prior to the
hearing date (it should be received by the Court no later than 3 days
prior to that date).
NOTE: (1) IF YOU PLEAD NOT GUILTY IN THE MANNER
MENTIONED ABOVE THE MATTER WILL NOT PROCEED ON THE DATE SET OUT IN THIS
SUMMONS AND IT WILL NOT BE NECESSARY FOR YOU TO ATTEND AT THE COURT. A TIME
AND DATE WILL BE APPOINTED BY THE COURT FOR DETERMINATION OF THE MATTER AND
YOU WILL RECEIVE REASONABLE NOTICE, IN WRITING, OF THE DATE OF HEARING.
(2) YOU AND YOUR
WITNESSES WILL BE REQUIRED TO ATTEND THE COURT ON THE DATE NOTIFIED TO YOU FOR
HEARING, OTHERWISE THE COURT MAY —
(a)
PROCEED TO HEAR AND DETERMINE THE COMPLAINT IN YOUR ABSENCE AND, IF THE
COMPLAINANT IS A PUBLIC OFFICER, TAKE AS PROVED ANY ALLEGATION IN THIS
SUMMONS; OR
(b)
ADJOURN YOUR CASE AND ISSUE A WARRANT TO HAVE YOU ARRESTED AND BROUGHT BEFORE
THE COURT.
I understand the English language/or these provisions have been explained to
me and I understand the plea I am making.
PLEA:........................................................
(in your own handwriting)
ADDRESS FOR SERVICE OF NOTICES
IS:......................................................
SIGNED:...................................................
Date:..........................................................
The following information may be provided to assist the Clerk of Petty
Sessions in listing your case for hearing.
(a) Will you be represented by a
lawyer?..........................................................
(b) If so, what is his
name?................................................................................
and his firm’s
name?....................................................................................
(c) How many witnesses (including yourself) do you
propose to call?.............
(d) Are there any comments you wish to make
regarding a suitable hearing date?
......................................................................................................................
SECTION B
PLEA OF GUILTY
Should you desire to plead guilty to this summons please endorse in the place
provided hereunder “I plead guilty”, sign and date where indicated
and then return it to the Court of Petty Sessions at the Court mentioned on
the front of this form to reach it prior to the hearing date (it should be
received by the Court no later than 3 days prior to that date). The
effect of doing so will be that, unless advice is received by the Court prior
to the hearing date that you wish to withdraw the plea, the Court dealing with
the complaint may proceed to hear and determine the complaint in your absence
as though you were present and had pleaded guilty. You may also forward with
the summons any written explanation or any other information you believe is
relevant to the charge. If, prior to the hearing date, you advise the Court
that you wish to withdraw your plea of guilty and you do not appear, the Court
may —
(a)
proceed to hear and determine the complaint in your absence and, if the
complainant is a public officer, take as proved any allegation in this
summons; or
(b)
adjourn your case and issue a warrant to have you arrested and brought before
the Court.
NOTE: (a) IT IS YOUR RESPONSIBILITY TO ASCERTAIN
ANY PENALTY AND/OR CANCELLATION/SUSPENSION OF LICENCE THAT MAY BE IMPOSED BY
THE COURT AGAINST YOU AT THE TIME AND DATE OF HEARING SHOWN HEREON.
(b) IF THE COURT CONSIDERS IT NECESSARY THAT YOU
BE PRESENT FOR SENTENCING IT MAY —
(i)
ADJOURN YOUR CASE AND ISSUE A FURTHER SUMMONS TO HAVE YOU
APPEAR IN COURT; OR
(ii)
ADJOURN YOUR CASE AND ISSUE A WARRANT TO HAVE YOU
ARRESTED AND BROUGHT BEFORE THE COURT.
I understand the English language/or these provisions have been explained to
me and I understand the plea I am making.
PLEA:............................................
o I WILL NOT BE
(in your own handwriting)
ATTENDING COURT
SIGNED:.......................................
o I WILL BE ATTENDING
DATE:...........................................
COURT
(indicate which)
Form 3
COURT OF PETTY SESSIONS
Charge No. / /
WESTERN AUSTRALIA
JUSTICES (FORMS) REGULATIONS 1982
FORM 3 NOTICE REQUIRING ATTENDANCE
PART A
To:
....................................................................
....................................................................
....................................................................
Take notice that the charge against you for the following
offence —
...............................................................................................................................
on which you lodged a plea of not guilty with this Court has been adjourned
for
hearing and determination at o’clock
in the
noon on
the day
of 20 .
THESE ARE THEREFORE TO REQUIRE YOU TO ATTEND AT THAT TIME AND PLACE.
If you do not attend in accordance with this notice the matter may be dealt
with in your absence or a warrant may be issued for your arrest.
Given under my hand
at this day
of 20 .
...........................................................
Authorised Officer
PART B
CERTIFICATE OF SERVICE
I, ,
an officer of the Court duly
authorised in writing by the Clerk of Petty
Sessions, do hereby
certify that I did despatch by prepaid registered post
numbered............................
the original of the above notice on the.............................day
of.............................
20.............to the defendant at the address stated in Part A above.
Signature..............................................
Date.......................................
Form 4
Complaint in all other cases
(previously Form 3 in the Fourth Schedule to the Act)
________
Western Australia, [Perth] to wit.
The complaint of C.D., of ___________, in the said
State, ___________, made this _______ day of ___________, 20____, before the
undersigned, one of Her Majesty’s Justices of the Peace for the said
State [or for the magisterial district of], who says that on the _______ day
of ___________, 20____, at ___________, at ___________ [ etc., stating the
offence or subject-matter ].
Sworn [ or made] before me, the day and year first abovementioned, at
___________, in the said State.
J.S., J.P.
Form 5
Warrant in the first instance to apprehend a person
charged with an indictable
offence or a simple
offence
(previously Form 8 in the Fourth Schedule to the Act)
________
To the principal police officer at ___________, in the State of Western
Australia, and to all other police officers in the said State.
Whereas a complaint has this day been made upon
oath before the undersigned, one of Her Majesty’s Justices of the Peace
for the said State [or, etc.], for that A.B., on the _______ day of
___________, 20____, at ___________ [ here state shortly the offence or matter
of the complaint ]: These are therefore to command you, in Her Majesty’s
name forthwith to apprehend the said A.B. and to bring [him] before some one
or more of Her Majesty’s Justices of the Peace, to answer to the said
complaint, and be further dealt with according to law.
Given under my hand, at ___________ in the said
State, _______ day of ___________, 20____.
J.S., J.P.
For offences committed on the high seas the
warrant may be the same as in ordinary cases, but describing the offence to
have been committed “on the high seas out of any jurisdiction or place
in the State of Western Australia, and within the jurisdiction of the
Admiralty of England.”
For offences committed abroad for which the
parties may be indicted in this State the warrant also may be the same as in
ordinary cases , but describing the offence to have been committed “on
land out of the State of Western Australia, to wit, at ___________” as
the case may be .
_______________
Form 6
Warrant to convey accused person before a justice
of the place in which the
offence was committed
(previously Form 53 in the Fourth Schedule to the Act)
________
To the principal police officer at ___________, in the State of Western
Australia, and all other police officers in the said State and to all persons
authorised to exercise a power set out in clause 2 or 3, as the case
requires, of Schedule 2 to the Court Security and Custodial Services
Act 1999 .
Whereas A.B. of ___________, in the said State has
this day been charged before the undersigned [ one ] of Her Majesty’s
Justices of the Peace for the said State [ or etc.] that [ etc., as in the
summons or warrant ]: And whereas [ I ] have taken the deposition of C.D., a
witness examined by me in this behalf, but [ I ] am informed that the
principal witnesses to prove the said offence against the said A.B. reside at
___________, in the said State, where the said offence is alleged to have been
committed: These are therefore to command you forthwith to convey the said
A.B. to ___________, in the said State, and take [him] before some justice or
justices in and near to the place where the offence is alleged to have been
committed to answer further the said complaint before him or them; and [ I ]
hereby further command you to deliver to the said justice or justices, the
complaint in this behalf, and also the said deposition of C.D. now given into
your possession for that purpose, together with this warrant.
Given under [ my ] hand, at ___________, in the
said State, this _______ day of ___________, 20____.
J.S., J.P.
_______________
[Forms 7, 8 and 9 repealed]
Form 10
JUSTICES ACT 1902 s. 98(3)(b)
JUSTICES (FORMS) REGULATIONS 1982
NOTICE OF PROCEDURE FOR INDICTABLE OFFENCES
You have been charged with an indictable offence. This notice sets out what
will occur before the charge against you is dealt with. If after reading this
notice you do not understand its contents or have any questions, you should
seek legal advice.
[Note: 2 or more Justices of the Peace may sometimes sit instead of a
magistrate in a court of petty sessions.]
PART A
Indictable offences are serious offences. Some of them can be dealt with only
in the Supreme Court or the District Court by a judge and a jury. If the
charge against you is one of these read Part C.
Other indictable offences can be dealt with EITHER by a judge and jury in the
Supreme Court or the District Court OR by a magistrate in a court of petty
sessions. If the charge against you is one of these read Part B and Part C.
PART B
If the charge against you is one that can be dealt with in a court of petty
sessions and a magistrate considers that the charge can be adequately dealt
with in that court, you will be asked to choose one of the
following —
•
to have the charge dealt with by a magistrate in the court of petty
sessions,
OR
•
to have the charge dealt with by a judge and jury in the Supreme or the
District Court.
If you choose to have the charge dealt with in the court of petty sessions,
you must tell the magistrate.
If you choose to have the charge dealt by a judge and jury, some procedural
matters will occur in the court of petty sessions before your case is sent to
the Supreme Court or the District Court. Part C deals with those matters.
PART C
This Part explains the procedural matters that will occur in the court of
petty sessions if the charge against you is to be dealt with in the Supreme
Court or District Court.
Before you are given the opportunity in the court of petty sessions to plead
to the charge against you, the prosecution will give you —
•
a document stating the facts of the case against you in connection with
the charge,
•
a copy of any statement made by you to the police and signed by you,
•
a copy of any interview with the police that was written down and
signed by you,
•
notice about any tape or videotape of any interview of you by the
police,
•
a written version of anything you said to the police that the police
think is relevant to the charge.
You should read all the papers that the prosecution give you.
When you next come before the court after getting the papers from the
prosecution, the magistrate will ask you if you want to plead to the charge.
You do not have to, but if you want to, you can plead guilty or plead not
guilty.
If you plead guilty the charge will be sent to either the Supreme Court or the
District Court together with a copy of the papers that the prosecution gave
you.
If you plead not guilty or if you do not plead, the charge will be adjourned
to a further hearing in the court of petty sessions prior to committal to the
Supreme or District Court, and you will be given a notice explaining the
procedures in that hearing.
PLEAS OF GUILTY
By law a court can take into account a plea of guilty and the stage when a
person pleads guilty and may impose a lesser sentence accordingly.
[Form 10 amended in Gazette 17 Apr 2003 p. 1244.]
Form 11
|
WESTERN AUSTRALIA Fines, Penalties and Infringement Notices Enforcement Act 1994 , s.101 APPLICATION FOR CANCELLATION OF LICENCE SUSPENSION ORDER | |
Court of Petty Sessions At: | ||
| | | |||
| | | | ||
|
Applicant |
Name: |
Date of birth: | ||
|
Address: | ||||
| | | | ||
|
Details of suspension |
Prosecuting authority: o Motor
Vehicle licence no.: suspended. | |||
| | | | ||
|
Application * delete if not applicable |
I, the applicant, have had — I apply for an order under section 101 of the Fines, Penalties and
Infringement Notices Enforcement Act 1994 cancelling the licence suspension
order on the grounds that I received none of the following: (a) the infringement notice that gave rise to the
licence suspension order; (b) the final demand issued under section 14 of
the Act in respect of the infringement notice; (c) the order to pay or elect issued under section
17 of the Act in respect of the infringement notice; (d) the notice of intention to suspend licences
issued under section 18 of the Act in respect of the infringement notice;
(e) the notice confirming licence suspension
issued under section 19(6) of the Act. | |||
|
I certify that I have not previously made an unsuccessful application under
section 101 of the Act in relation to this licence suspension order or in
relation to any other licence suspension order made in respect of this
infringement notice. Signature of | ||
| | | |
|
Hearing details |
This application is listed for hearing in the Court of Petty Sessions
at: | |
|
Court order |
o The
licence suspension order issued on: in respect
of the above driver’s licence/motor vehicle licence is cancelled. o Application refused, Signature of | |
Form 11A
|
WESTERN AUSTRALIA Fines, Penalties and Infringement Notices Enforcement Act 1994 , s.101A APPLICATION FOR CANCELLATION OF LICENCE SUSPENSION ORDER | |
Court of Petty Sessions At: | ||
| | | |||
| | | | ||
|
Applicant |
Name: |
Date of birth: | ||
|
Address: | ||||
| | | | ||
|
Details of suspension |
Court: | |||
| | | | ||
|
Application * delete if not applicable |
I, the applicant, have had — I apply for an order under section 101A of the Fines, Penalties and
Infringement Notices Enforcement Act 1994 cancelling the licence suspension
order on the grounds that — (a) I did not receive a summons or a notice to
attend court in respect of the charge that gave rise to the fine that gave
rise to the licence suspension order; (b) I was not present in court when that fine was
imposed; and (c) I received neither of the following: (i)
the notice of intention to suspend licences issued under
section 42 of the Act in respect of that fine; (ii)
the notice confirming licence suspension issued under
section 43(6) of the Act. | |||
|
I certify that I have not previously made an unsuccessful application under
section 101A of the Act in relation to this licence suspension order or in
relation to any other licence suspension order made in respect of this fine. Signature of | ||
| | | |
|
Hearing details |
This application is listed for hearing in the Court of Petty Sessions
at: | |
|
Court order |
o The
licence suspension order issued on: in respect
of the above driver’s licence/motor vehicle licence is cancelled. o Application refused, Signature of | |
Form 12
|
WESTERN AUSTRALIA Bail Act 1982 , ss 48, 54, 56 ARREST WARRANT | |
o Supreme Court At: | ||
| | | |||
|
CWI Warrant No. | ||||
| | | | ||
|
To |
All police officers | |||
| | | | ||
|
Defendant or |
Name: |
Date of birth: | ||
|
Address: | ||||
| | | | ||
|
Command |
This warrant authorises and commands any police officer to arrest the above
person and to take the person to the above court to be dealt with according to
law. | |||
| | | | ||
|
Reason for issue of warrant |
o Application by surety to cancel surety
undertaking | |||
| |
o Non-appearance in accordance with notice to
attend court | |||
| |
o Non-appearance in accordance with summons |
|||
|
o Offender to re-appear so the court can
ascertain if the offender has complied with a conditional release order (CRO) o Offender to appear at application to amend
or cancel a conditional release order (CRO), a community based order (CBO) or
an intensive supervision order (ISO) o Alleged re-offending while subject to a
CRO, CBO or ISO o Alleged re-offending while subject to a
term of suspended imprisonment | ||||
| |
o Other (specify): | |||
|
Relevant offences |
Charge/Indict |
Description of offence | |
| | | | |
| | | | |
| | |||
|
Warrant issued by |
Signature: Judicial Officer/Clerk of Arraigns |
Date: | |
| | | | |
|
Execution details |
This person arrested on ...../...../..... at .............. hours | ||
Form 13
|
WESTERN AUSTRALIA Justices Act 1902 , s 79 REMAND WARRANT | |
o Supreme Court At: | ||
| | | |||
| | | | ||
|
To |
All police officers and to all persons authorised to exercise a power set out
in clause 2 or 3, as the case requires, of Schedule 2 to the Court Security
and Custodial Services Act 1999 | |||
| | | | ||
|
Defendant |
Name: |
Date of birth: | ||
| | | | ||
|
Reason for issue of warrant Command |
The above person appeared before this court in relation to these offences and
the proceedings were adjourned. | |||
| | | | ||
|
Offences |
Charge/Indict |
Description of offence | ||
| | | | ||
| | | | ||
| | | | ||
| | | | ||
| | | | ||
| | ||||
|
Bail granted |
o
Yes (see below) o No | |||
|
Remand date (if in custody) |
Date: |
Time: | ||
|
Place: | ||||
| | | |||
|
New hearing date |
Date: |
Time: | |
|
Place: | |||
| | | ||
|
Bail details Delete if not granted |
Conditions of bail: Surety to be approved by o JP o other (specify) | ||
|
Warrant issued by |
Signature: Judicial Officer/Clerk of Arraigns |
Date: | |
Form 14
|
WESTERN AUSTRALIA Justices Act 1902 , s 123 WARRANT OF COMMITTAL | |
o District Court At: | ||||
| | | |||||
| | | | ||||
|
To |
All police officers and to all persons authorised to exercise a power set out
in clause 2 or 3, as the case requires, of Schedule 2 to the Court Security
and Custodial Services Act 1999 | |||||
| | | | ||||
|
Defendant |
Name: |
Date of birth: | ||||
| | | | ||||
|
Reason for issue of warrant Command |
The above person appeared before this court and, in relation to these
offences, was committed by this court to appear before another court. | |||||
| | | | ||||
|
Offences |
Charge/Indict |
Description of offence | ||||
| | | | ||||
| | | | ||||
| | | | ||||
| | ||||||
|
Committal details |
o Committed to the criminal sittings
of — |
Date: | ||||
|
At: | ||||||
|
Date of committal | |
Bail granted o Yes (see below)
o No | |
| | | ||
|
Bail details Delete if not granted |
Conditions for bail: | ||
|
Warrant issued by |
Signature: |
Date: | |
Form 15
Summons of a witness
(previously Form 7 in the Fourth Schedule to the Act)
________
To E.F., of ___________ in the State of Western Australia.
Whereas a complaint was, on the _______ day of
___________, 20____, made before the undersigned, one of Her Majesty’s
Justices of the Peace for the said State [ or etc . ], that A.B . [ etc., as
in the summons or warrant against the defendant ]: These are therefore to
require you to appear at ___________ in the said State, on the _______ day of
___________, 20____, at _______ o’clock in the forenoon, before such
justices as may then be there, to testify what you know concerning the matter
of the said complaint [and you are further required to bring with you and
produce at the time and place abovenamed] [ Here describe the documents to be
produced ].
Given under my hand, at ___________ in the said
State, this _______ day of ___________, 20____.
J.S., J.P. [or Clerk of Petty Sessions].
Endorsement of service
On the _______ day of ___________, 20____, at
___________ I served the within-named E.F. with the within summons by
delivering a duplicate of it to him personally [or by leaving a duplicate of
it for him with ___________ at ___________, his last known place of abode].
(Signature)
(Date)
_______________
Form 16
Warrant for a witness in the first instance
(previously Form 13 in the Fourth Schedule to the Act)
________
To the principal police officer at ___________, in the State of Western
Australia, and all other police officers in the said State.
Whereas on the _______ day of ___________, 20____,
at ___________ a complaint was made that A.B. [ etc., as in the summons or
warrant ], and it being made to appear before me on oath that E.F., of
___________, in the said State ___________ is likely to give material evidence
on behalf of the prosecution [ or as the case may be ] in the matter, and it
is probable that the said E.F. will not attend to give evidence without being
compelled so to do: These are therefore to command you, in Her Majesty’s
name, forthwith to apprehend the said E.F. and bring [him] before me at
___________ in the said State, or before such other justices as may be there,
to testify what [he] knows concerning the matter of the said complaint.
Given under my hand, at ___________, in the said
State, this _______ day of ___________, 20____.
J.S., J.P.
_______________
Form 17
Warrant where a witness has not obeyed a
summons to attend the examination of
a person
charged with an indictable offence or the hearing of
a charge of a
simple offence or breach of duty
(previously Form 12 in the Fourth Schedule to the Act)
________
To the principal police officer at ___________, in the State of Western
Australia, and all other officers in the said State.
Whereas on the _______ day of ___________, 20____,
a complaint was made that A.B. [ etc., as in the summons or warrant ], and a
summons was duly issued to E.F., of ___________ in the said State ___________
requiring [him] to appear on _______ day of ___________, 20____, at
___________ in the said State, before such justices as might then be there, to
testify what [he] knew concerning the matter of the said complaint: And
whereas proof has been made that such summons was duly served upon the said
E.F.: And whereas the said E.F. neglected to appear at the time and place
appointed by the said summons, and no just excuse has been offered for such
neglect: These are therefore to command you, in Her Majesty’s name,
forthwith to apprehend the said E.F. and bring [him] before [me] ___________
at ___________, in the said State, or before such other justices as may then
be there, to testify what [he] knows concerning the matter of the said
complaint.
Given under [my] hand at ___________, in the said
State, this _______ day of ___________, 20____.
J.S., J.P.
_______________
Form 18
Warrant of commitment of a witness for refusing to
be sworn or to give
evidence
(previously Form 56 in the Fourth Schedule to the Act)
________
To all police officers in the State of Western Australia and to all persons
authorised to exercise a power set out in clause 2 or 3, as the case
requires, of Schedule 2 to the Court Security and Custodial Services
Act 1999 , and to the superintendent [ or keeper] of Her Majesty’s
prison [ or the gaol] at ___________, in the said State.
Whereas on the _______ day of ___________, 20____,
upon the hearing of a charge before the undersigned, [ one ] of Her
Majesty’s Justices of the Peace for the said State [ or etc.], that [
etc., as in the summons or warrant ] E.F., of ___________, in the said State
___________, being required to make oath [ or affirmation] as a witness to
testify what [he] knew concerning the said charge, refused so to do [ or being
duly sworn as a witness, refused to answer certain questions concerning the
premises which were put to him] without offering any just excuse for such
refusal: These are therefore to command you the said police officers or
authorised persons to convey the said E.F. to Her Majesty’s prison [ or
the gaol] at ___________, in the said State, and deliver [him] to the
superintendent [ or keeper] thereof, together with this warrant, and [ I ]
hereby command you the said superintendent [ or keeper] of the said prison [
or gaol] to receive the said E.F. into your custody in the said prison, [ or
gaol] and keep [him] there for the space of ___________ days for [his]
contempt, unless in the meantime he consents to be examined and to answer
concerning the premises.
Given under [ my ] hand, at ___________, in the
said State, this _______ day of ___________, 20____.
J.S., J.P.
_______________
Form 19
Recognisance to give evidence
(previously Form 26 in the Fourth Schedule to the Act)
________
Western Australia, [Perth] to wit.
Be it remembered that on the _______ day of
___________, 20____, C.D. of ___________, in the said State, ___________, came
before [me] one of Her Majesty’s Justices of the Peace in and for the
said State [ or, etc.], and acknowledged [himself] to owe to our Sovereign
Lady the Queen the sum of ___________, to be made and levied of [his]
goods and chattels, lands and tenements, to the use of our said Lady the
Queen, her heirs and successors, if [he] the said C.D. shall fail in the
condition endorsed.
Taken and acknowledged before [me] the day and year first abovementioned, at
___________, in the said State.
J.S., J.P.
Condition
The condition of the within-written recognisance
is such that whereas A.B. was this day charged before [ me ], J.S., the
Justice of the Peace within-mentioned, for that [ etc., as in the caption of
the depositions ]: If, therefore [he], the said C.D., shall appear at the next
criminal sitting of the Supreme Court [ or as the case may be ], to be holden
___________, in the State of Western Australia, ___________, the _______ day
of ___________, 20____, and there give evidence upon an information to be then
preferred against the said A.B. for the offence aforesaid, then the said
recognisance to be void, or else to stand in full force and virtue.
_______________
Form 20
Notice of recognisance to be given to the witnesses
(previously Form 27 in the Fourth Schedule to the Act)
Western Australia, [Perth] to wit.
Take notice that you, C.D., of ___________, in the
said State, are bound in the sum of ___________, to appear at the next [ as in
the Condition ], and then and there to give evidence against A.B., and unless
you then appear and give evidence accordingly the recognisance entered into by
you will be forthwith put in suit and enforced against you.
Dated this _______ day of ___________, 20____.
J.S., J.P.
_______________
Form 21
Commitment of witness for refusing to enter into recognisance
(previously Form 58 in the Fourth Schedule to the Act)
________
To all police officers in the State of Western Australia and to all persons
authorised to exercise a power set out in clause 2 or 3, as the case
requires, of Schedule 2 to the Court Security and Custodial Services
Act 1999 , and to the superintendent [ or keeper] of Her Majesty’s
prison [ or the gaol] at ___________, in the said State.
Whereas on the _______ day of ___________, 20____,
and upon the hearing of a charge before the undersigned, [ one ] of Her
Majesty’s Justices of the Peace for the said State [ or , etc.] that [
etc., as in the summons or warrant ] E.F., of ___________, in the said State
___________, having been examined as a witness touching the premises, and
being required to enter into a recognisance conditioned to give evidence
against the said A.B., refused so to do: These are therefore to command you,
the said police officers or authorised persons, to convey the said E.F. to Her
Majesty’s prison [ or the gaol] at ___________, in the said State, and
deliver [him] to the said superintendent [ or keeper] thereof, together with
this warrant, and [ I ] hereby command you the said superintendent [ or
keeper] of the said prison [ or gaol], to receive the said E.F. into your
custody in the said prison [ or gaol], there to keep [him] until after the
trial of the said A.B. for the offence aforesaid, unless in the meantime the
said E.F. duly enters into such recognisance as aforesaid in the sum of
$___________, before some Justice of the Peace, conditioned to appear at the
next criminal sittings of the Supreme Court [ or as the case may be ] to be
held at ___________ in the said State, on the _______ day of ___________ [ or
as the case may be ], and there to give evidence upon any complaint which may
be then and there preferred against the said A.B. for the offence aforesaid,
and also to give evidence upon the trial of the said A.B. for the said
offence.
Given under [ my ] hand, at ___________, in the
said State, this _______ day of ___________, 20____.
J.S., J.P.
_______________
Form 22
Order to discharge a witness upon prisoner not being committed for trial
(previously Form 70 in the Fourth Schedule to the Act)
________
To the Superintendent [ or keeper] of Her Majesty’s prison [ or the
gaol] at ___________, in the State of Western Australia.
Whereas by a warrant, dated the _______ day of
___________, 20____, under the hand of L.M. [ one ] of Her Majesty’s
Justices of the Peace for the said State [ or etc.], reciting that upon the
hearing of a charge against one A.B. for a certain offence therein mentioned,
E.F. having been examined as a witness, refused to enter into a recognisance,
to give evidence against the said A.B., the said L.M. committed the said E.F.
to your custody, and required you to keep [him] until after the trial of the
said A.B. for the offence aforesaid, unless in the meantime the said E.F.
should enter into such recognisance as aforesaid: And whereas the said A.B.
has not been committed for trial or held to bail for the said offence, but has
been discharged: These are therefore to direct you to discharge the said E.F.
out of your custody and suffer [him] to go at large as to the said commitment.
Given under [ my ] hand, at ___________ in the said State, this _______ day
of ___________, 20____.
J.S., J.P.
_______________
Form 23
Certificate of non-appearance or default
to be endorsed on a recognisance
(previously Form 21 in the Fourth Schedule to the Act)
________
[I] hereby certify that the said A.B. did not
appear at the time and place in the condition of the within-written
recognisance mentioned.
J.S., J.P.
_______________
Form 24
Depositions of witnesses
(previously Form 29 in the Fourth Schedule to the Act)
________
Western Australia, [Perth] to wit.
The examination of C.D., of ___________, and E.F.,
___________ of _____________, taken this ________ day of ______________,
20____, at ___________ in the said State, before the undersigned [one], of Her
Majesty’s Justices of the Peace for the said State [ or , etc.], in the
presence and hearing of A.B., who is charged this day before [ me ] that [ he
] [ etc., describing the offence as in a warrant of commitment .]
C.D., on his oath [ or affirmation] says as
follows [ etc., state the deposition of the witness as nearly as possible in
the words he uses, and when his deposition is complete let him sign it ].
E.F., upon his oath [ or affirmation] say as
follows [etc.]
Taken and sworn [ or affirmed] before [ me ] ___________ at ___________ in the
said State, on the day and year first abovementioned.
J.S., J.P.
_______________
Form 25
Statement of the defendant
(previously Form 30 in the Fourth Schedule to the Act)
________
Western Australia, [Perth] to wit.
A.B. stands charged before the undersigned [ one ]
of Her Majesty’s Justices of the Peace for the said State [ or , etc.],
this _______ day of ___________, 20____, that [he], [ etc., as in the caption
of the depositions ], and the charge being read to the said A.B. and the
witnesses for the prosecution, C.D. and E.F. being severally examined in [his]
presence, the said A.B. is now addressed by [ me ] as follows: —
“Having heard the evidence, do you wish to say anything in answer to the
charge? You are not obliged to say anything unless you desire to do so, but
whatever you say will be taken down in writing, and may be given in evidence
against you upon your trial.” Whereupon the said A.B. says as follows
— [ here state whatever the prisoner may say, and in his very words, as
nearly as possible: get him to sign it if he will ]. A.B.
Taken before [ me ] at ___________ in the said State, the day and year first
abovementioned.
J.S., J.P.
_______________
Form 26
Gaoler’s receipt for the prisoner
(previously Form 67 in the Fourth Schedule to the Act)
________
I hereby certify that I have received from W.T.,
police officer, of ___________, in the State of Western Australia, the
body of A.B., in good health [ or as the case may be ], together with a
warrant under the hand of J.S., Esquire, [ one ] of Her Majesty’s
Justices of the Peace for the said State [ or, etc.].
P.K., Superintendent
[ or keeper] of the Prison.
_______________
Form 27
Order of dismissal of complaint
(previously Form 40 in the Fourth Schedule to the Act)
________
Western Australia, [Perth] to wit.
Be it remembered that on the _______ day of
___________, 20____, a complaint was made that [ etc., as in the summons to
the defendant or warrant ], and on this _______ day of ___________, 20____, at
___________, in the said State, the said complaint came on for hearing before
the undersigned [ one ] of Her Majesty’s Justices of the Peace for the
said State [ or, etc.] whereupon it appears to [ me ] that the said complaint
is not proved [ or the complainant did not appear], and [ I ] therefore
dismiss the said complaint [and adjudge that the said C.D., pay to the said
A.B. the sum of ___________ for the costs incurred by [him] in [his] defence,
and if the said sum is not paid forthwith [ or on or before ___________ ], *[
I ] order that the same be levied by execution against the goods and chattels
of the said C.D., and in default of sufficient goods and chattels* [ I ]
adjudge the said C.D. to be imprisoned in Her Majesty’s prison [ or the
(police) gaol] at ____________ for the term of ___________ unless the said sum
and all costs and charges of the said execution [and of taking and conveying
the said C.D. to prison] are sooner paid.
Given under [ my ] hand, at ___________, in the said State this _______ day of
___________, 20____.
J.S., J.P.
* Or where the issuing of warrant of execution
would be more injurious to the defendant or his family, than imprisonment, or
it appears that he has no goods whereon to levy, then instead of the words
between the asterisks ** say — “Inasmuch as it appears to [ me ]
that the issuing of a warrant of execution would be more injurious to the said
A.B. and his family than imprisonment” [ or “that the said A.B.
has no goods or chattels whereon to levy the said sums], [ I ] adjudge”
[ etc., as above, to the end, but omitting the words “of the said
execution and”].
_______________
Form 28
Certificate of dismissal
(previously Form 41 in the Fourth Schedule to the Act)
________
Western Australia, [Perth] to wit.
[I] the undersigned [one] of Her Majesty’s
Justices of the Peace for the said State [ or, etc.], hereby certify that on
the _______ day of ___________, 20____, at ___________, at ___________, in the
said State, A.B. was charged before [ me ], that [he] the said A.B. [ etc.,
stating the offence and the time and place when and where alleged to have been
committed ], and that [ I ] thereupon dismissed the said complaint.
Given under [ my ] hand, at ___________, in the said State this _______ day of
___________, 20____.
J.S., J.P.
_______________
Form 29
Order for any matter where the disobeying of it is punishable by imprisonment
(previously Form 44 in the Fourth Schedule to the Act)
Western Australia, [Perth] to wit.
Be it remembered that on the _______ day of ___________, 20____, complaint was
made before the undersigned, [ one ] of Her Majesty’s Justices of the
Peace for the said State [ or, etc.], that [ stating the facts entitling the
complainant to the order, with the time and place when and where they occurred
], and on the _______ day of ___________, 20____, at ___________, in the said
State, having heard the said complaint, [ I ] adjudge the said A.B. to [ here
state the matter required to be done ], and if upon a copy of the minute of
this order being served upon the said A.B. either personally or by leaving the
same for [him] at [his] last known or usual place of abode, [he] shall neglect
or refuse to obey the same, [ I ], adjudge the said A.B. to be imprisoned in
Her Majesty’s prison [ or the (police) gaol] at ___________, for the
term of ____ [unless the said order is sooner obeyed if the statute authorise
thi s], and [I] also adjudge the said A.B. to pay to the said C.D. the sum of
____ for costs, and if the said sum is not paid forthwith [ or on or before
____next], [ I ] order the same to be levied by execution against the goods
and chattels of the said A.B. and in default of sufficient goods and chattels
[ I ] adjudge the said A.B. to be imprisoned in the said prison for the term
of _____, to commence at and from the termination of [his] imprisonment
aforesaid, unless the said sum for costs, and all the costs and charges of the
said execution [and of taking and conveying the said A.B. to prison] are
sooner paid.
Given under [ my ] hand, at ____, in the said State, this _______ day of
___________, 20____.
J.S., J.P.
_______________
Form 30
Warrant of Commitment on an order where the
disobeying of it is punishable by
imprisonment
(previously Form 61 in the Fourth Schedule to the Act)
To all police officers in the State of Western Australia, and to the
superintendent [ or keeper] of Her Majesty’s prison [ or the gaol] at
___________, in the said State.
Whereas on the _______ day of ___________, 20____,
upon the hearing of a complaint before the undersigned, [ one ] of Her
Majesty’s Justices of the Peace for the said State [ or , etc.], that [
etc., as in the order ], [ I ] adjudged the said A.B. to [etc., as in the
order], and ordered that if upon a copy of the minute of that order being
served upon the said A.B. either personally or by leaving the same for [him]
at [his] last known or usual place of abode [he] should refuse or neglect to
obey the same, the said A.B. should be imprisoned in Her Majesty’s
prison [ or the gaol] at ___________ in the said State for the term of
________, unless the said order should be obeyed: And whereas it is now proved
to [ me ] that after making of the said order a copy of the minute thereof was
duly served upon the said A.B., but [he] then refused [ or neglected] to obey
the same, and has not as yet obeyed the said order: These are therefore to
command you, the said police officers, to apprehend the said A.B. and convey
[him] to the prison [ or gaol] at ___________aforesaid, and deliver him to the
superintendent [ or keeper] thereof, together with this warrant and [ I ]
hereby command you, the said superintendent or officer in charge of the said
prison, [ or gaol] to receive the said A.B. into your custody in the said
prison [ or gaol], there to imprison [him] for the term of __________.
Given under [ my ] hand, at ___________, in the
said State, this _______ day of ___________, 20____.
J.S., J.P.
_______________
Form 31
Certificate that the costs of an appeal are not paid
(previously Form 5 in the Fourth Schedule to the Act)
________
In The District Court of Western Australia [ or as the case may be ] holden
at ___________
[ Title of the appeal ]
I hereby certify that at a sitting of The District Court of Western Australia
[ or as the case may be ], holden at ___________ on the _______ day of
___________, 20____, an appeal by A.B. against a [ conviction ] of J.S.,
Esquire, [ one ] of Her Majesty’s Justices of the Peace for the said
State [ or etc .], came on to be tried and was then heard and determined, and
the said court thereupon ordered that the said [ conviction ] should be
affirmed [ or reversed ], and that the said [ appellant ] should pay to the
said [ respondent ] the sum of ___________ [ his ] costs of the said appeal,
and which sum was ordered to be paid to the Registrar [ or as the case may be
] of the said court, on or before the _______ day of ___________, 20____, to
be by him handed over to the said [ respondent ]; and I further certify that
the said sum for costs has not, nor has any part thereof, been paid in
obedience to the said order.
Dated the _______ day of ___________, 20____.
G.H. Registrar of the said court [ or as the case may be ].
_______________
Form 32
Complaint to ground search warrant
(previously Form 2 in the Fourth Schedule to the Act)
________
Western Australia, [Perth] to wit.
The complaint of C.D., of _________ in the said
State, _________, made this _______ day of ___________, 20____, before the
undersigned, one of Her Majesty’s Justices of the Peace for the said
State [ or for the magisterial district of _________, in the said State], who
says that the following goods of [him], the said C.D., to wit [ describe them
] were, on the ______ day of __________ [ or have lately been] feloniously
stolen, taken, and carried away, from and out of the dwelling-house [ or as
the case may be ] of the said C.D., situated at _____________, in the said
State; and that he, the said C.D. has reasonable cause to suspect, and does
suspect, that the said goods, or part thereof, are concealed in the
dwelling-house or premises [ or as the case may be ] in the occupation of
A.B., situated at _____________, in the said State. [ Here state grounds of
suspicion ]
Sworn [ or made] before me, the day and year first abovementioned, at
_____________, in the said State.
J.S., J.P.
_______________
Form 33
Search Warrant
(previously Form 9 in the Fourth Schedule to the Act)
________
To the principal police officer at ___________, in the said State of Western
Australia, and all other police officers in the said State.
Whereas a complaint has this day been made upon
oath before the undersigned, one of Her Majesty’s Justices of the Peace
for the said State [ or , etc.], for that [ etc., as in Form 15 to the end,
then thus ]: These are therefore to command you, in Her Majesty’s name,
forthwith, with proper assistance, to enter the said dwelling-house and
premises [ or as the case may be ] of the said A.B. [in the day time], and
there diligently search for the said goods; and if the same, or any part
thereof, are found upon search, that you attach the goods so found [and
apprehend the said A.B., and bring (him) before some one or more of Her
Majesty’s Justices of the Peace, to give an account of how he came by
the said goods, and to be further dealt with according to law.]
Given under my hand, at ___________, in the said
State, this _______ day of ___________, 20____.
J.S., J.P.
[Schedule amended in
Gazette 22 April 1983 pp.1241-3; (corrigendum in Gazette
13 May 1983 p.1431); 5 March 1993 p.1448-9;
3 December 1993 pp.6458-9; 30 June 1995 pp.2634-6;
5 July 1996 pp.3230-2; 4 October 1996 pp.5237-9;
17 September 1999 pp.4558-9; 24 September 1999 pp.4652-63;
17 April 2003 p.1244.]