Criminal Procedure Rules 2005

A request by an offender under the Sentencing Act 1995 section 32(1) must be in the form of Form 11.

The request must be lodged with the court at least 14 days before the date when the offender is to be sentenced by the court.

The court must —

make details of the request available —

to any court of summary jurisdiction in which the offender has indicated there are pending charges against the offender; and

to the DPP;

make available, or request the registrar of the relevant court of summary jurisdiction to make available, to the DPP a copy of the prosecution notices for the pending charges to which the request relates.

If requested by the clerk of arraigns, the registrar of the court of summary jurisdiction must —

make available to the sentencing court the original prosecution notices that relate to pending charges against that offender in the court of summary jurisdiction; and

make available to the DPP a copy of those prosecution notices.

The DPP must prepare a list, in the form of Form 12, of those pending charges against the offender that the Crown will consent to being dealt with by the sentencing court and must give a copy of the list to the offender or the offender’s legal practitioner.

The offender must indicate on the list of pending charges —

which of the listed pending charges of which the offender has not previously been convicted the offender intends to plead guilty to; and

which of the listed pending charges the offender wants the sentencing court to pass sentence for,

The DPP must lodge the signed list of pending charges in the sentencing court.

When the signed list of pending charges is lodged the clerk of arraigns must immediately make available to the court of summary jurisdiction concerned the original prosecution notice of any charge against an offender that is not listed or that will not be dealt with by the sentencing court by reason of the offender’s intentions.

After the sentencing court has sentenced the offender, the clerk of arraigns must —

notify each court of summary jurisdiction of any pending charge in that court that was dealt with by the sentencing court and of the sentence imposed on the offender for the charge; and

make available to each court of summary jurisdiction the original prosecution notice relating to any pending charge in that court that was not dealt with by the sentencing court.

For the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 12(1) —

an original prosecution notice is made available under this rule to a court if an electronic version of the prosecution notice is made available to that court by means of the electronic system for the management of proceedings in Western Australian courts; and

a copy of a prosecution notice is made available under this rule to the DPP if an electronic version of the prosecution notice —

is made available to the DPP by means of the electronic system for the management of proceedings in Western Australian courts; or

sent by email to the DPP at an email address provided by the DPP.

For the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 13(1), a reference in this rule to an original prosecution notice includes a printed copy of the electronic version of the prosecution notice stored in the electronic system for the management of proceedings in Western Australian courts.