Justices Act 1902

Justices (Recording of Depositions) Regulations 1987

Reprint 1: The regulations as at 10 September 2004


Guide for using this reprint

What the reprint includes

Endnotes, Compilation table, and Table of provisions that have not come into operation

1.Details about the original regulations are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.

2.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions that would amend the text if they were to come into operation. The table refers to another endnote setting out the text of the amendments in full.

Notes amongst text (italicised and within square brackets)

Editorial notes show if something has been omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).

The text of anything omitted can be found in an earlier reprint (if there is one) or the regulations as published.

Reprint numbering and date

1.The reprint number (in the footer of each page of the document) shows how many times the regulations have been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the regulations were published. Reprint numbering was implemented as from 1 January 2003.

2.The information in the reprint is current on the date shown as the date as at which the regulations are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.

 

 

 

Reprinted under the Reprints Act 1984 as

at 10 September 2004

Justices (Recording of Depositions) Regulations 1987

CONTENTS

1.Citation1

2.Commencement1

3.Definition1

4.Application2

5.Appointments2

6.Oath2

7.Duties of persons appointed to record depositions2

8.Duties of persons appointed to transcribe3

9.Duties of persons appointed to check transcripts3

10.Certification of transcript3

11.Custody of transcripts and recordings4

12.Directions for preparation of transcript4

13.Application for transcript4

14.Erasure of recordings5

15.Transmission of recordings5

16.Notice of intention to allege incorrect transcription5

Schedule 1 — Oath6

Schedule 2 — Forms7

Notes

Compilation table8

 

 

Crest

Reprinted under the Reprints Act 1984 as

at 10 September 2004

Justices Act 1902

Justices (Recording of Depositions) Regulations 1987

1.Citation

These regulations may be cited as the Justices (Recording of Depositions) Regulations 1987 1.

2.Commencement

These regulations shall come into operation on the day on which section 8 of the Acts Amendment (Recording of Depositions) Act 1986 comes into operation 1.

3.Definition

In these regulations, unless the contrary intention appears — 

“clerk” means — 

(a)a clerk of petty sessions appointed under section 25A of the Act; or

(b)the clerk of a coroner appointed under the Coroners Act 1920 2.

4.Application

These regulations are made under section 73(1c) of the Act and apply mutatis mutandis to and in relation to recordings made under section 102 of the Act and section 13(1)(b) of the Coroners Act 1920 2.

5.Appointments

(1)The Under Secretary for Law 3 may appoint persons to record or transcribe depositions or to check transcripts of recorded depositions.

(2)The Under Secretary for Law 3 may by instrument in writing delegate to a clerk any of his functions under this regulation other than this power of delegation.

6.Oath

A person appointed to record or transcribe depositions or to check transcripts shall not carry out any of the functions relating to that appointment until that person has taken the oath prescribed in Schedule 1.

7.Duties of persons appointed to record depositions

A person appointed to record depositions shall — 

(a)test the sound‑recording apparatus, immediately prior to use, in accordance with the operator’s manual of instructions;

(b)before the commencement of the recording, clearly enter in writing on the tape or other medium used for the recording sufficient particulars to enable identification of the matter to be recorded;

(c)monitor the sound‑recording apparatus to ensure that the proceedings are being clearly and accurately recorded;

(d)ensure that the safe custody of the recording is maintained during the course of proceedings; and

(e)comply with any directions given concerning that person’s duties by the court or the clerk.

8.Duties of persons appointed to transcribe

A person appointed to transcribe recorded depositions shall — 

(a)upon receipt of a recorded deposition, enter details of the matter to be transcribed in a register maintained for this purpose;

(b)ensure that the safe custody of the recording is maintained while it is in the possession of that person; and

(c)carefully transcribe into writing all recorded depositions directed to that person for that purpose and endorse appropriate identifying marks on each page of the transcript.

9.Duties of persons appointed to check transcripts

A person appointed to check transcripts shall — 

(a)ensure that the safe custody of recordings and transcripts is maintained while they are in the possession of that person; and

(b)check transcripts of depositions against the recordings of those depositions to ensure that the transcripts are correct transcripts of the recordings.

10.Certification of transcript

Where a transcript of the recording of a deposition is prepared, the person by whom the transcript is prepared or, if the transcript is checked by a person other than the person by whom the transcript is prepared, the person by whom the transcript is checked shall certify in the form of Form 1 in Schedule 2 that the transcript is a correct transcript of the recording.

11.Custody of transcripts and recordings

The clerk shall have the custody of recordings and transcripts of depositions and shall — 

(a)maintain a register of all recorded depositions and transcripts of those recordings;

(b)ensure that every tape or other medium on which a deposition is recorded is numbered consecutively or otherwise sufficiently marked for identification;

(c)ensure that the recordings and transcripts are retained and preserved in a secure and orderly manner; and

(d)produce recordings and transcripts out of his custody whenever so required by the Under Secretary for Law 3, the court or under any written law.

12.Directions for preparation of transcript

The clerk shall give such directions as he considers necessary for ensuring that where a transcript is or may be required, a transcript is prepared, and for the purpose of enabling the transcript to be prepared the recording shall be produced out of the custody of the clerk.

13.Application for transcript

(1)The clerk may furnish to an applicant a transcript of the recording of a deposition.

(2)The fees prescribed for copies of documents in the Justices Act (Courts of Petty Sessions Fees) Regulations shall be payable on the issuing of copies of transcripts to applicants under subregulation (1).

(3)Nothing in this regulation affects the operation of section 148 of the Justices Act 1902 or section 745 of The Criminal Code.

 

14.Erasure of recordings

(1)The recording of a deposition shall not be destroyed — 

(a)within the time allowed by law for instituting an appeal, or applying for leave to appeal, or for a new trial, in respect of the proceeding to which the recording relates; or

(b)where an appeal or application for leave to appeal or for a new trial is instituted, until that appeal or application is finally determined or otherwise terminated.

(2)The clerk, if he is satisfied that the destruction of a recording is not prohibited under subregulation (1), may cause a recording to be destroyed.

15.Transmission of recordings

Where a recording is transmitted for transcription, the person to whom the recording of a deposition is forwarded for transcription shall, upon receipt of the recording, acknowledge receipt of the recording to the clerk of the court from which the recording was forwarded.

16.Notice of intention to allege incorrect transcription

A notice of intention to raise an allegation that — 

(a)a deposition intended to be read as evidence on a trial under section 15(1)(e) of the Coroners Act 1920 2;

(b)a deposition intended to be produced and given in evidence under section 107(1) of the Evidence Act 1906;

(c)a statement intended to be given in evidence against a defendant under section 103(1) of the Act; or

(d)a deposition intended to be read as evidence on a trial under section 109(1) of the Act,

is an incorrect transcription of a recording shall be in the form of Form 2 in Schedule 2.

 

Schedule 1

[regulation 6]

Oath

I, .............................................................................................................................

swear that I shall faithfully discharge my functions and duties to record/transcribe/check transcripts of depositions under the Justices Act 1902.

So help me God.

Schedule 2

Forms

Form 1

[regulation 10]

JUSTICES ACT 1902

Certification of Transcript

I .............................................................. of............................................................

Western Australia, a person appointed to transcribe (check transcripts of) recordings of depositions under the Justices Act 1902, hereby certify that the transcription of the recording of depositions on pages ..........................................

inclusive in the proceedings of ..................................... v .....................................
(or as the case may be) is a correct transcription of the recording of the deposition.

Dated this day of 20 .

........................................................

Form 2

[regulation 15]

JUSTICES ACT 1902

Notice of Intention to Allege Incorrect Transcription

To the prosecutor

................................................................ v .............................................................

Take notice that I ................................................................................................... intend to raise the allegation that a statement intended to be given in evidence against the above‑named person is an incorrect transcription of a recording.

Particulars of allegation

dline

 

 

Notes

1This is a reprint as at 10 September 2004 of the Justices (Recording of Depositions) Regulations 1987. The following table contains information about those regulations and any reprint.

Compilation table

Citation

Gazettal

Commencement

Justices (Recording of Depositions) Regulations 1987

10 Jul 1987 p. 2608‑10

1 Aug 1987 (see r. 2 and Gazette 10 Jul 1987 p. 2607)

Reprint 1: The Justices (Recording of Depositions) Regulations 1987 as at 10 Sep 2004

2Repealed by the Coroners Act 1996.

3The office of the Under Secretary for Law existed in the former Crown Law Department. Under the Acts Amendment (Ministry of Justice) Act 1993 s. 69, unless the contrary intention appears, a reference, however expressed, in any law or document to the former Crown Law Department or an office or organisational unit within that department, is to be read as a reference to the Ministry of Justice, or the corresponding office or unit within the Ministry of Justice, as is appropriate. Under the Alteration of Statutory Designations Order (No. 3) 2001, a reference in law to the Ministry of Justice shall, unless the contrary is intended, be read and construed as a reference to the Department of Justice.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By Authority: JOHN A. STRIJK, Government Printer