Indictable offences, general provisions as to
3 Indictable offences, general provisions as to
This section applies to offences in this Code and in any other written law.
An indictable offence is triable only on indictment, unless this Code or another written law expressly provides otherwise.
A prosecution for an indictable offence, whether or not it may be tried summarily, may be commenced at any time, unless this Code or another written law expressly provides otherwise.
[(4) deleted]
If a person is convicted by a court of summary jurisdiction of an indictable offence, the conviction is to be regarded as being a conviction of a simple offence only, unless the person is convicted of the offence by the Children’s Court under section 19B(4) of the Children’s Court of Western Australia Act 1988 or another written law provides otherwise.
A person may be convicted and punished for an offence on indictment notwithstanding that the person might have been convicted of and punished for that offence summarily.
[Section 3 inserted: No. 4 of 2004 s. 28; amended: No. 59 of 2004 s. 80; No. 70 of 2004 s. 36(1); No. 84 of 2004 s. 28.]
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