1Citation
These regulations are the Criminal Procedure Regulations 2005.
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Bill homepageThese regulations are the Criminal Procedure Regulations 2005.
These regulations come into operation on 2 May 2005.
In these regulations, unless the contrary intention appears —
approved user, of the ECMS, means a person —
who is authorised by the CEO under regulation 4A to use the ECMS; and
whose identity is verified by the ECMS each time the person uses the system;
CEO means the chief executive officer of the department of the Public Service principally assisting the Minister in the administration of the CPA;
CPA means the Criminal Procedure Act 2004;
ECMS means the electronic case management system for the management of proceedings in Western Australian courts and tribunals;
Form, if followed by a number, means the form of that number in Schedule 1;
lodge a document, means to lodge it with the court concerned by means of the ECMS or at the registry where the prosecution concerned is being conducted together with any fee required to be paid under —
the Magistrates Court (Fees) Regulations 2005; or
the Children’s Court (Fees) Regulations 2005,
as the case requires.
Examples in these regulations do not form part of them and are provided to assist understanding.
[Regulation 3 amended: Gazette 26 Sep 2014 p. 3557‑8; 2 Dec 2016 p. 5386; 31 Dec 2019 p. 4671.]
Each form in Schedule 1 is prescribed for the purposes for which it is applicable, whether under the CPA or another Act referred to in the form.
The CEO may, from time to time, by written notice, authorise a specified person, or a person in a specified class of persons, to use the ECMS to lodge with, or make available to, the court documents of a specified class.
[Regulation 4A inserted: Gazette 2 Dec 2016 p. 5386; amended: Gazette 31 Dec 2019 p. 4671.]
Each form in Schedule 1 may be completed electronically by an approved user by entering the information required to complete the form into the ECMS.
[Regulation 4B inserted: Gazette 2 Dec 2016 p. 5386; amended: Gazette 31 Dec 2019 p. 4671.]
When completing a form in Schedule 1 —
the name of a party must be capitalised according to the preference of the party; and
the family name of a party must be underlined.
Vincent van Gogh; Wong Hei; Mary Jane Citizen.
A person completing a form in Schedule 1 must adapt the form to the circumstances of the prosecution concerned, such as where there is more than one accused.
If an item in a form in Schedule 1 does not have enough space to complete it, the person completing it must —
insert in the item “See attachment [number]”; and
attach to the form a separate document titled “Attachment [number] — [name of the item]”.
A court may issue any of the following warrants by means of the ECMS —
arrest warrants;
remand warrants;
warrants to imprison a witness.
The warrant must bear —
the name, or facsimile signature, of the judge or magistrate issuing it; or
a facsimile of the court’s seal.
The warrant is authenticated for the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 10.
The warrant is given in electronic form for the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 12.
[Regulation 5A inserted: Gazette 2 Dec 2016 p. 5387; amended: Gazette 25 Aug 2017 p. 4569; 31 Dec 2019 p. 4671.]
Unless a form in Schedule 1 provides otherwise, the following information is the service information that must be included in the service certificate on a document that is served on a person under the CPA Schedule 2 —
the name of the person who served the document;
the name of the person served with the document;
how the document was served;
if the document was served under the CPA Schedule 2 clause 2 — the date on which, and the time and place at which, it was served;
if the document was served under the CPA Schedule 2 clause 3 —
the date on which it was posted; and
the address to which it was posted; and
if the CPA Schedule 2 clause 3(4) or (5) applies, a statement as to how the person who served the document is qualified to serve it.
For the purposes of the definition of prescribed Act in the CPA section 4, the Acts listed in Schedule 1A are prescribed.
[Regulation 6A inserted: Gazette 14 Jul 2006 p. 2568.]
For the purposes of the definition of corresponding law in the CPA section 11, each law of each jurisdiction listed in the Table to this regulation is prescribed to be a law that corresponds with the Road Traffic (Vehicles) Act 2012 or the Control of Vehicles (Off‑road Areas) Act 1978.
Table
Jurisdiction | Corresponding law |
|---|---|
Australian Capital Territory | Road Transport (General) Act 1999 |
New South Wales | Road Transport (General) Act 1999 1 |
Northern Territory | Motor Vehicles Act 2004 |
Queensland | Transport Operations Road Use Management Act 1995 |
South Australia | Motor Vehicles Act 1959 |
Tasmania | Vehicle and Traffic Act 1999 |
Victoria | Road Safety Act 1986 |
[Regulation 7 amended: Gazette 10 Feb 2015 p. 599.]
For the purposes of the CPA Part 3 the following public authorities are prescribed —
each department of the Public Service;
each local government;
each regional local government;
the Authority as defined in the Public Transport Authority Act 2003 section 3.
[Regulation 7A inserted: Gazette 21 Apr 2009 p. 1368; amended: Gazette 23 Aug 2019 p. 3101-2.]
8. Prosecution notice, form and content of etc.
A prosecution notice must be in the form of Form 3.
Any attachment to a prosecution notice that is not lodged by means of the ECMS must be signed by the person or persons who sign the notice.
A prosecution notice must not allege both an either way charge and an indictable charge that is not an either way charge.
If a prosecution notice alleges more than one offence —
the item in Form 3 that requires the details of the alleged offence must contain “See attachment 1 — Charges”;
in the attachment —
each alleged offence must be numbered consecutively as “Charge No. 1 of 2” and “Charge No. 2 of 2” as the case requires; and
the details of each alleged offence, as required by Form 3, must be stated.
If a prosecution notice that is not lodged by means of the ECMS alleges that more than one person committed an offence —
the item in Form 3 that requires the accused’s details must contain “See attachment [number] — Accused”; and
in the attachment —
each of the accused must be numbered consecutively as “Accused No. 1 of 2” and “Accused No. 2 of 2” as the case requires; and
the name of each accused, and the accused’s details, as required by Form 3, must be stated;
and
on the original of the notice that is lodged, in the item in Form 3 that requires the details of the alleged offence, the name of the first accused in the item must be marked with an asterisk; and
for each of the other accused the prosecutor must lodge a copy of the original of the notice (together with its attachment or attachments) on which, in the item in Form 3 that requires the details of the alleged offence, the name of the accused to which the copy relates is marked with an asterisk.
If a prosecution notice that is lodged by means of the ECMS alleges that more than one person committed an offence, the prosecutor must provide for the prosecution notice to be associated electronically with the prosecution notices for each of the other accused persons.
[Regulation 8 amended: Gazette 26 Sep 2014 p. 3558‑9; 31 Dec 2019 p. 4671.]
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