Criminal Procedure Amendment Rules (No. 3) 2024 00-00-00 Xml

Western Australia

Criminal Procedure Amendment Rules (No. 3) 2024

Contents

1.Citation1

2.Commencement1

3.Rules amended1

4.Schedule 1 Forms 6A and 6B replaced1

Criminal Procedure Act 2004

Criminal Procedure Amendment Rules (No. 3) 2024

Made by the judges of the Supreme Court.

1.Citation

These rules are the Criminal Procedure Amendment Rules (No. 3) 2024.

2.Commencement

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 18 December 2024.

3.Rules amended

These rules amend the Criminal Procedure Rules 2005.

4.Schedule 1 Forms 6A and 6B replaced

Delete Schedule 1 Forms 6A and 6B and insert:

6A.Application under Bail Act 1982 s. 54(2)(b) (r. 30A(1))

Criminal Procedure Act 2004 Criminal Procedure Rules 2005 Supreme Court/District Court At: Number:				Application for summons or warrant under the Bail Act 1982 s. 54(2)(b)
Case			[Names of all parties]
Applicant	Name
	Address
	Telephone No.
Application details	The applicant applies: runder the Bail Act 1982 s. 54(2)(b) for a summons for the purpose of causing the accused mentioned above to appear before an appropriate judicial officer as provided in s. 54(1) of that Act. runder the Bail Act 1982 s. 54(2)(b) for a warrant for the purpose of causing the accused mentioned above to appear before an appropriate judicial officer as provided in s. 54(1) of that Act. The grounds for the application are: raccused unlikely to appear in court in compliance with requirement of bail undertaking (Bail Act 1982 s. 54(1)(a)(i)) rbreach or likely breach of the following condition(s) of bail undertaking (Bail Act 1982 s. 54(1)(a)(ii)):
		rnot to be in the company of a particular person			rreport to a Community Corrections Officer
		rnot to go within a specified distance of a specified place or person (not to approach or enter)			robey direction of a Community Corrections Officer
		rnot to make contact with a particular person			rcomply with curfew
		rattend drug and alcohol testing			rreport to Police
		rattend drug and alcohol counselling			rreside at a particular address
		rundertake a mental health assessment			rsurrender passport
		rundertake a physical health examination			rnot to consume specified/ illicit/prohibited substance(s)
		rattend/reside at a specialist treatment centre			rother:
		rattend other counselling/ programmes as specified
	rbreach of home detention condition (Bail Act 1982 s. 54(1)(a)(iii)) rbreach of electronic monitoring condition (Bail Act 1982 s. 54(1)(a)(iv)) rsurety no longer suitable or dead (Bail Act 1982 s. 54(1)(b)(i)) rother (specify):
Description of grounds
Signature of applicant or legal practitioner	................................................ Applicant / Applicant’s legal practitioner					Date

6B.Notice that accused arrested without warrant under Bail Act 1982 s. 54(2)(a) (r. 30A(2))

Criminal Procedure Act 2004 Criminal Procedure Rules 2005 Supreme Court/District Court At: Number:				Notice that accused arrested without warrant under the Bail Act 1982 s. 54(2)(a)
Case			[Names of all parties]
Police officer lodging notice	Name
	Address
	Telephone No.
Details	The accused has been arrested without warrant under the Bail Act 1982 s. 54(2)(a) for the purposes of causing the accused to appear before an appropriate judicial officer under section 54(1) of that Act to show cause why the accused’s bail should not be varied or revoked. The grounds for causing the accused to appear are: raccused unlikely to appear in court in compliance with requirement of bail undertaking (Bail Act 1982 s. 54(1)(a)(i)) rbreach or likely breach of the following condition(s) of bail undertaking (Bail Act 1982 s. 54(1)(a)(ii)):
		rnot to be in the company of a particular person			rreport to a Community Corrections Officer
		rnot to go within a specified distance of a specified place or person (not to approach or enter)			robey direction of a Community Corrections Officer
		rnot to make contact with a particular person			rcomply with curfew
		rattend drug and alcohol testing			rreport to Police
		rattend drug and alcohol counselling			rreside at a particular address
		rundertake a mental health assessment			rsurrender passport
		rundertake a physical health examination			rnot to consume specified / illicit / prohibited substance(s)
		rattend / reside at a specialist treatment centre			rother:
		rattend other counselling / programmes as specified
	rbreach of home detention condition (Bail Act 1982 s. 54(1)(a)(iii)) rbreach of electronic monitoring condition (Bail Act 1982 s. 54(1)(a)(iv)) rsurety no longer suitable or dead (Bail Act 1982 s. 54(1)(b)(i)) rother (specify):
Description of grounds
Signature of police officer or legal practitioner	...................................... Police officer/ Legal practitioner					Date

Date: 29 November 2024

The Hon. Chief Justice Peter Quinlan
Chief Justice of Western Australia
Supreme Court of Western Australia

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.

By Authority: GEOFF O. LAWN, Government Printer