Western Australian Current Regulations
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CRIMINAL PROCEDURE RULES 2005
TABLE OF PROVISIONS
PART 1 -- Preliminary
1. Citation
2. Commencement
3. Terms used
4. Application of these rules
PART 2A -- Registrars’ jurisdiction
Division 1 -- Delegation to registrars
5A. Delegation to registrars
5B. Registrar may refer matter to judge
Division 2 -- Appeal from decision of registrar
5C. Appeal from decision of registrar
PART 2 -- General
5. Duties to be obeyed as soon as practicable
6. Time, court may extend or shorten
7. Adjournments, certain people to be notified
8. Forms, completion of
9. Lodged documents to be served
PART 3 -- Duties of legal practitioner acting for accused to notify court
10. Duty to notify when acting for accused
11. Duty to notify when ceasing to act for accused
12. Presumptions as to who is acting for accused
13. Legal practitioners acting for offenders
PART 4 -- Commencing and discontinuing prosecutions
14. Indictments, form of (CPA s. 85)
15. Discontinuing prosecution (CPA s. 87)
16. When accused may be required to plead
PART 5 -- Arresting or remanding an accused
17. Arrest warrant for accused, issue of
18. Arrest warrant for accused, form of
19. Remand warrant for accused, form of
PART 6 -- Disclosure rules
20. Times for disclosure by prosecutor (CPA s. 95)
21. Time for disclosure by accused (CPA s. 96)
22. Disclosure requirements, orders as to (CPA s. 138)
PART 7 -- Applications
Division 1 -- General
23. Applications, general rules
24. District Court applications which can be made orally
25A. Consenting to orders and directions
Division 2 -- Specific applications
25. Bail, application for
26. Stay of proceedings, limit on application for (CPA s. 90)
27. Referral of question of law to Court of Appeal, application for etc. (CPA s. 98(2)(d))
28. Trial by judge alone, application for (CPA s. 118)
29. Trial date, application for (CPA s. 136)
30. Urgent case order
PART 7A -- Application and notice for Bail Act 1982 s. 54
30A. Forms for purposes of Bail Act 1982 s. 54
PART 8 -- Pre‑trial matters
31. Change of court
32. Change of venue or court, court officers’ duties on
33. Status hearings
34. Pre‑trial hearings
PART 9 -- Witnesses
35. Term used: trial date
36. Prescribed court officers (CPA s. 159)
37. Witness in custody, request for presence of
38. Witness summons, application for (CPA s. 159)
39. Early compliance with summons to produce
40. Arrest warrant for a witness (CPA s. 159)
41. Warrant to imprison a witness (CPA Sch. 4 cl. 2)
PART 10 -- Trial matters
42. Prescribed officer (CPA s. 103)
43. Transcript, entitlements to
PART 11 -- Sentencing Act 1995 rules
44. Pending charges
45. Materials to assist in sentencing
46. Trial as to material facts
47. Warrant to imprison an offender
PART 12 -- Court records and judgments
48. Clerk of arraigns’ duties
49. Final outcome of charge, certificate of
50. Custody of exhibits
51. Non‑parties may apply for transcripts etc.
PART 13 -- Juries Act 1957 rules
52. Term used: section
53. Precept for a jury, form of (s. 20)
54. Summons to a juror, form of (s. 26(5) and 31)
55. Summons and notice list, form of (s. 33(2))
57. Legal practitioners may obtain copies of jury panels or pools
PART 14 -- Criminal Appeals Act 2004 Part 2 Division 2 rules
Division 1 -- Preliminary
58. Terms used
Division 2 -- General
59. Hearings by telephone
60. Judge’s general jurisdiction
61. Non‑attendance by party, consequences of
62. Decisions made in absence of a party
63. Decisions made on the papers
Division 3 -- Procedure for appeals
64. Nature of appeals
65. Appeal, how to commence
66. Primary court to be notified and to supply records
67. Respondent’s options
68. Interim order, applying for
69. Urgent appeal order, nature of
70. Consenting to orders
71. Appeal books etc. not needed unless ordered
Division 4 -- Concluding an appeal
72. Discontinuing an appeal
73. Settling an appeal
74. Appeal, certificate of conclusion of
75. Return of exhibits
PART 15 -- Service and Execution of Process Act 1992 (Cwlth) rules
76. Term used: section
77. Appeals under Part 5
PART 16 -- Miscellaneous
SCHEDULE 1 -- Forms
SCHEDULE 2 -- Information for witnesses
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