Criminal Procedure Act 2004
Criminal Procedure Amendment Rules 2024
Criminal Procedure Act 2004
Criminal Procedure Amendment Rules 2024
Western Australia
Criminal Procedure Amendment Rules 2024
Contents
1.Citation1
2.Commencement1
3.Rules amended1
4.Rule 49 amended1
5.Rule 74 amended2
6.Schedule 1 Form 13 replaced2
13.Certificate of final outcome of charge (r. 49)2
Criminal Procedure Act 2004
Criminal Procedure Amendment Rules 2024
Made by the judges of the Supreme Court.
These rules come into operation as follows —
(a)rules 1 and 2 — on the day on which these rules are published on the WA legislation website;
(b)the rest of the rules — on 1 September 2024.
These rules amend the Criminal Procedure Rules 2005.
In rule 49(5)(d) delete “chairperson of the Mentally Impaired Accused Review Board; and” and insert:
President of the Mental Impairment Review Tribunal; and
Note: The heading to amended rule 49 is to read:
Certificate of final outcome of charge
In rule 74(3)(e) delete “chairperson of the Mentally Impaired Accused Review Board; and” and insert:
President of the Mental Impairment Review Tribunal; and
Note: The heading to amended rule 74 is to read:
Certificate of conclusion of appeal
Delete Schedule 1 Form 13 and insert:
13.Certificate of final outcome of charge (r. 49)
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Criminal Procedure Act 2004 Sentencing Act 1995 Criminal Procedure Rules 2005
Supreme Court/District Court At:Number: |
Certificate of final outcome of charge |
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Parties [Include names of any co‑accused(s)] |
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Accused or offender [One per certificate] |
Family name: Given name(s): Date of birth: |
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Charge [Use reverse if more than one charge] |
Date: Charge: The Criminal Code s. |
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Trial or other proceeding |
Date(s): Presiding judge: oGuilty pleaoNot guilty plea oOther plea (specify): oTrial by juryoTrial by judge alone oOther proceeding (describe): |
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Final outcome Part 1
[*delete the inapplicable] |
Date: oCharge discontinued oProceedings stayed permanently oCourt has no jurisdiction to deal with the *accused/charge oAccused found unfit to stand trial under the Criminal Law (Mental Impairment) Act 2023 Verdict — oGuiltyoNot guiltyoNo verdict oNot guilty on account of mental impairment Judgment — oConvictedoAcquitted oAcquitted on account of mental impairment oOffence charged is not an offence under a written law oAccused previously *convicted/acquitted of the charge |
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Final outcome Part 2
[Attach copies of warrants or orders issued] |
Date: Sentence imposed —
Other orders made on sentencing —
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Final outcome Part 3 [Attach copies of warrants or orders issued] |
Date: Other outcomes — oNew trial ordered oAccused discharged from custody oAccused remanded in custody until [date] and warrant issued oBail granted [terms and conditions] oOrders made under Criminal Law (Mental Impairment) Act 2023:
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Certificate |
I certify that the information in this certificate is true and correct. .................................................. Clerk of arraignsJudge Date: |
Reverse of Form 13 for use where there is more than one charge
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Offences charged |
Plea |
Verdict |
Date of final outcome |
Final outcome |
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No. |
Date |
Description |
Enactment |
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Date: 6 August 2024
The Hon. Chief Justice Peter Quinlan
Chief Justice of Western Australia
Supreme Court of Western Australia
© State of Western Australia 2024. This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2024. By Authority: GEOFF O. LAWN, Government Printer