Western Australian Numbered Acts

COURTS LEGISLATION AMENDMENT AND REPEAL ACT 2004 (NO. 59 OF 2004) - SECT 80

80 .         Other amendments

                The Criminal Code is amended as set out in the Table to this section.

Table

s. 1(1)	After the definition of the term “conveyance”, insert the following definition — “         The term "court of summary jurisdiction" means the Children’s Court when constituted so as not to consist of or include a judge of that court, the Magistrates Court, or any other court or any person that another written law says is a court of summary jurisdiction; ”.
	Delete the definition of the term “indictment” and insert instead —         The term "indictment" means a written charge of an indictable offence presented to the Supreme Court or District Court in order that the accused person be tried by that court; ”.
	Delete the definition of the term “summarily” and insert instead — “         The term "summarily" has the meaning given by subsection (5); ”.
	Delete the definition of the term “summary conviction” and insert instead — “         The term "summary conviction "means conviction otherwise than on indictment; ”.
After s. 1(4)	Insert the following subsections — “         (5)         In this Code, unless the context otherwise indicates, a reference to a charge being dealt with summarily is a reference to the charge being dealt with otherwise than on an indictment.         (6)         Nothing in this Code affects the operation of the Children’s Court of Western Australia Act 1988 and in particular the jurisdiction of the Children’s Court to deal with indictable offences. ”.
s. 3(4) s. 5(5)(b) s. 133A s. 617A s. 618(3) s. 618(4) s. 618(5) s. 635B(1) s. 636A(1) s. 729(3)(a)	In each provision delete “ Justices Act 1902 ” in each place it occurs and in each place insert instead — “ Criminal Procedure (Summary) Act 1902 ”.
s. 3(5)	Repeal the subsection and insert instead — “         (5)         If a person is convicted by a court of summary jurisdiction of an indictable offence, the conviction is to be regarded as being a conviction of a simple offence only, unless the person is convicted of the offence by the Children’s Court under section 19B(4) of the Children’s Court of Western Australia Act 1988 or another written law provides otherwise. ”.
s. 5(1) s. 369 s. 593 s. 618(1) s. 618(3) s. 618(4)	In each provision delete “petty sessions” in each place it occurs and in each place insert instead — “ summary jurisdiction ”.
s. 5(11)	Delete “, or if there is no magistrate and the defendant consents, by 2 justices”.
s. 368	Delete “justices” and insert instead — “ a court of summary jurisdiction ”.
s. 433	Delete “petty sessions before whom” and insert instead — “ summary jurisdiction before which ”.
s. 540	In the first paragraph, after “proceedings” insert — “ before a court ”. In the proviso, delete “or justices” in the 4 places it occurs.
s. 541	Delete “or justices having cognizance of” and insert instead — “ dealing with ”.
s. 656	After “ Sentencing Act 1995 ” insert — “         or under the Young Offenders Act 1994 , as the case requires ”.
s. 682(4)	Delete “the money may be recovered as a judgment debt in a court of competent jurisdiction.” and insert instead — “ the person to whom the money is to be paid may enforce the payment order by lodging a certified copy of it, and an affidavit stating to what extent it has not been complied with, with a court of competent jurisdiction. ”.
s. 682(5)	Repeal the subsection and insert instead — “         (5)         When lodged, the order is to be taken to be a judgment of the court and may be enforced accordingly. ”.
s. 715	Delete “justice or justices” and insert instead — “ court of summary jurisdiction ”. Delete “before 2 justices in a summary way.” and insert instead — “ in a court of competent jurisdiction. ”.
s. 731	Repeal the section.
s. 732	Repeal the section.
s. 740	Delete “or before any justice”. Delete “or before the justice”.
s. 742	Repeal the section.
s. 743	Repeal the section.
s. 747	Delete the first paragraph and insert instead — “         The Judges of the Supreme Court, or a majority of them, may make general rules prescribing forms to be used in courts trying persons on indictment. ”.