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r 7

Initial hearing

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7 Initial hearing

(1)

For the purpose of this rule, the initial hearing of a prosecution commences on the day on which the accused first appears in the court having been committed to the court for trial or sentencing.

[(2) deleted]

(3)

At an initial hearing of a prosecution the court may do any of the following —

(a)

deal with any application under the CPA section 89, 90, 97, 118, 131, 132, 133, 134, 135, 136 or 138;

(b)

exercise any of its powers in those sections if it can do so on its own initiative;

(c)

exercise any of its powers in the CPA section 98 or 137;

(d)

order that a status hearing be held under the Criminal Procedure Rules 2005 rule 33 and fix the time and place for it;

(e)

order that a pre-trial hearing be held under the Criminal Procedure Rules 2005 rule 34 and fix the time and place for it;

(f)

fix the time and place for the trial or sentencing proceedings;

(g)

adjourn the initial hearing from time to time.

[Rule 7 amended: Gazette 28 Feb 2014 p. 517.]

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Section 7 — Initial hearing — Criminal Procedure (District Court) Rules 2008 (Western Australia) — Barrister AI