A corporation charged with a simple offence which does not appear at a court date, of which it has been properly notified, can be convicted in its absence under s 55 of the Criminal Procedure Act 2004 (WA), notwithstanding that s 153(3)(b) requires the court to enter a plea of not guilty on its behalf and s 60 would otherwise require adjournment. Section 60 does not operate to the exclusion of s 55. However, s 60 does apply where a plea of not guilty is entered under s 153(3)(b), meaning that if the court exercises its discretion under s 55 to adjourn rather than determine the charge, the disclosure obligations under s 60 are engaged.
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