{"id":"criminal-procedure-regulations-2005","name":"Criminal Procedure Regulations 2005","slug":"criminal-procedure-regulations-2005","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174461,"registerId":"wa-criminal-procedure-regulations-2005-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Criminal Procedure Regulations 2005","content":"![Crest]()Western Australia\n\nCriminal Procedure Act 2004\n\nCriminal Procedure Regulations 2005\n\nWestern Australia\n\nCriminal Procedure Regulations 2005\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\nPart 2 — General\n\n4. Forms prescribed 3\n\n4A. Authorisation of persons to lodge documents by means of ECMS 3\n\n4B. Means of completing prescribed forms electronically 3\n\n5. Forms, completion of 3\n\n5A. Warrants issued electronically 4\n\n6. Service information 4\n\nPart 3 — CPA Part 2 regulations\n\n6A. Acts prescribed (Act s. 4 *prescribed Act*) 6\n\n7. Laws prescribed (Act s. 11 *corresponding law*) 6\n\nPart 4 — CPA Part 3 regulations\n\nDivision 1 — General\n\n7A. Public authorities prescribed 8\n\n8. Prosecution notice, form and content of etc. 8\n\n9. Arrest warrant for accused, how application for to be made (Act s. 28) 10\n\n10. Simple offences prescribed (Act s. 35(1) *prescribed simple offence*) 12\n\n11. Periods prescribed (Act s. 45) 12\n\n12. Simple offences prescribed (Act s. 60(1) *listed simple offence*) 12\n\n13A. Recording of matters on prosecution notice (Act s. 47(1) and 68) 12\n\n13B. Recording of service information in service certificate 13\n\nDivision 1A — Applications and notice for *Bail Act 1982* s. 54 in courts of summary jurisdiction\n\n13C. Forms for purposes of *Bail Act 1982* s. 54 in courts of summary jurisdiction 13\n\nDivision 2 — Applications to courts of summary jurisdiction\n\nSubdivision 1 — Applications in or after a prosecution\n\n13. Application of Subdivision 14\n\n14. Other applications under this Subdivision 15\n\n14A. Procedure for applications under Subdivision 15\n\n15. Applications that can be made orally 15\n\n16. Arrest warrant for accused, application for (Act s. 28) 16\n\n17. Adjournment due to non-disclosure, application for (Act s. 63(2)) 16\n\n18. Decision made in absence of party, application to set aside (Act s. 71) 17\n\n19. Video link, application for use of (Act s. 77) 17\n\n20. Applications, non-appearance at hearing of 17\n\nSubdivision 2 — Applications not in or after a prosecution\n\n20A. *Crimes Act 1914* (Cwlth) s. 9, applications under 17\n\nPart 5 — Witnesses\n\n21. Term used: trial date 18\n\n22. Application of Part 18\n\n23. Court officers prescribed (Act s. 159) 18\n\n24. Witness in custody, request for presence of 18\n\n25. Witness summons, application for (Act s. 159) 19\n\n26. Early compliance with summons to produce 19\n\n27. Arrest warrant for a witness, form of 21\n\n28. Warrant to imprison a witness, form of 21\n\nPart 6 — CPA Part 6 regulations\n\n28A. Unclaimed exhibits, destruction or disposal of 22\n\n28B. Additional copy of served document, fee for (Act s. 175A) 22\n\n29. Correction of court record, application for (Act s. 179) 22\n\n30. Review of court officer’s decision, application for (Act s. 184) 23\n\nPart 7 — CPA Schedule 3 regulations\n\n31. Transcripts, certification of (Act Sch. 3 cl. 6) 24\n\nPart 8 — Miscellaneous matters\n\n32. Application under *High Risk Serious Offenders Act 2020* s. 51 25\n\nSchedule 1 — Forms\n\n1. Arrest warrant 26\n\n2. Remand warrant 28\n\n3. Prosecution notice (r. 8) 30\n\n4. Summons to an accused 31\n\n5. Court hearing notice 32\n\n5A. Application under Bail Act 1982 s. 54(2)(b) (r. 13C(1)) 36\n\n5B. Form to be lodged when accused arrested without warrant under Bail Act 1982 s. 54(2)(a) (r. 13C(2)) 38\n\n6. Application in or after a prosecution (r. 14) 40\n\n6A. *Crimes Act 1914* (Cwlth) s. 9, application under (r. 20A) 41\n\n7. Decision made in absence of a party, application to set aside (r. 18) 42\n\n8. Request that person in custody be present to give evidence (r. 24) 43\n\n9. Witness summons, application for (r. 25(1)) 44\n\n10. Witness summons to give oral evidence (r. 25(1)(a)) 45\n\n11. Witness summons to produce a record or thing (r. 25(1)(b)) 46\n\n12. Arrest warrant for a witness (r. 27) 47\n\n13. Warrant to imprison a witness (r. 28) 48\n\n14. Review of court officer’s decision, application for (r. 30) 49\n\nSchedule 1A — Infringement notices: prescribed Acts\n\nSchedule 2 — Information for witnesses\n\nSchedule 3 — Prescribed simple offences\n\n1. *Criminal Code* offence 55\n\n2. *Prostitution Act 2000* offence 55\n\n3. *Restraining Orders Act 1997* offences 55\n\n4. *Road Traffic Act 1974* offence 55\n\nSchedule 4 — Listed simple offences\n\n1AA. *Animal Welfare Act 2002* offences 56\n\n1A. *Biodiversity Conservation Act 2016* offences 56\n\n1. *Criminal Code* offence 56\n\n2. *Environmental Protection Act 1986* offences 56\n\n3. *Fish Resources Management Act 1994* offences 56\n\n4. *Liquor Control Act 1988* offences 56\n\n5. *Mines Safety and Inspection Act 1994* offences 56\n\n6. *Occupational Safety and Health Act 1984* offences 57\n\n7. *Prostitution Act 2000* offence 57\n\n8. *Restraining Orders Act 1997* offences 57\n\n9. *Road Traffic Act 1974* offence 57\n\n10. *Work Health and Safety Act 2020* offences 57\n\nNotes\n\nCompilation table 58\n\nOther notes 63\n\nDefined terms\n\n  \n\nCriminal Procedure Act 2004\n\nCriminal Procedure Regulations 2005\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\nThese regulations are the *Criminal Procedure Regulations 2005*.\n\n##### 2. Commencement\n\nThese regulations come into operation on 2 May 2005.\n\n##### 3. Terms used\n\n(1) In these regulations, unless the contrary intention appears —\n\napproved user, of the ECMS, means a person —\n\n(a) who is authorised by the CEO under regulation 4A to use the ECMS; and\n\n(b) whose identity is verified by the ECMS each time the person uses the system;\n\nCEO  means the chief executive officer of the department of the Public Service principally assisting the Minister in the administration of the CPA;\n\n  CPA means the *Criminal Procedure Act 2004*;\n\nECMS means the electronic case management system for the management of proceedings in Western Australian courts and tribunals;\n\nForm, if followed by a number, means the form of that number in Schedule 1;\n\n  lodge a document, means to lodge it with the court concerned by means of the ECMS or at the registry where the prosecution concerned is being conducted together with any fee required to be paid under —\n\n(a) the *Magistrates Court (Fees) Regulations 2005*; or\n\n(b) the *Children’s Court (Fees) Regulations 2005*,\n\nas the case requires.\n\n(2) Examples in these regulations do not form part of them and are provided to assist understanding.\n\n[Regulation 3 amended: Gazette 26 Sep 2014 p. 3557‑8; 2 Dec 2016 p. 5386; 31 Dec 2019 p. 4671.]\n\n## Part 2 — General\n\n##### 4. Forms prescribed\n\nEach form in Schedule 1 is prescribed for the purposes for which it is applicable, whether under the CPA or another Act referred to in the form.\n\n##### 4A. Authorisation of persons to lodge documents by means of ECMS\n\nThe CEO may, from time to time, by written notice, authorise a specified person, or a person in a specified class of persons, to use the ECMS to lodge with, or make available to, the court documents of a specified class.\n\n[Regulation 4A inserted: Gazette 2 Dec 2016 p. 5386; amended: Gazette 31 Dec 2019 p. 4671.]\n\n##### 4B. Means of completing prescribed forms electronically\n\nEach form in Schedule 1 may be completed electronically by an approved user by entering the information required to complete the form into the ECMS.\n\n[Regulation 4B inserted: Gazette 2 Dec 2016 p. 5386; amended: Gazette 31 Dec 2019 p. 4671.]\n\n##### 5. Forms, completion of\n\n(1) When completing a form in Schedule 1 —\n\n(a) the name of a party must be capitalised according to the preference of the party; and\n\n(b) the family name of a party must be underlined.\n\n\t\t*Examples: Vincent van Gogh; Wong Hei; Mary Jane Citizen.*\n\n(2) A person completing a form in Schedule 1 must adapt the form to the circumstances of the prosecution concerned, such as where there is more than one accused.\n\n(3) If an item in a form in Schedule 1 does not have enough space to complete it, the person completing it must —\n\n(a) insert in the item “See attachment [*number*]”; and\n\n(b) attach to the form a separate document titled “Attachment [*number*] — [*name of the item*]”.\n\n##### 5A. Warrants issued electronically\n\n(1) A court may issue any of the following warrants by means of the ECMS —\n\n(a) arrest warrants;\n\n(b) remand warrants;\n\n(c) warrants to imprison a witness.\n\n(2) The warrant must bear —\n\n(a) the name, or facsimile signature, of the judge or magistrate issuing it; or\n\n(b) a facsimile of the court’s seal.\n\n(3) The warrant is authenticated for the purposes of the *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* section 10.\n\n(4) The warrant is given in electronic form for the purposes of the *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* section 12.\n\n[Regulation 5A inserted: Gazette 2 Dec 2016 p. 5387; amended: Gazette 25 Aug 2017 p. 4569; 31 Dec 2019 p. 4671.]\n\n##### 6. Service information\n\nUnless a form in Schedule 1 provides otherwise, the following information is the service information that must be included in the service certificate on a document that is served on a person under the CPA Schedule 2 —\n\n(a) the name of the person who served the document;\n\n(b) the name of the person served with the document;\n\n(c) how the document was served;\n\n(d) if the document was served under the CPA Schedule 2 clause 2 — the date on which, and the time and place at which, it was served;\n\n(e) if the document was served under the CPA Schedule 2 clause 3 —\n\n(i) the date on which it was posted; and\n\n(ii) the address to which it was posted; and\n\n(iii) if the CPA Schedule 2 clause 3(4) or (5) applies, a statement as to how the person who served the document is qualified to serve it.\n\n## Part 3 — CPA Part 2 regulations\n\n##### 6A. Acts prescribed (Act s. 4 *prescribed Act*)\n\nFor the purposes of the definition of ***prescribed Act*** in the CPA section 4, the Acts listed in Schedule 1A are prescribed.\n\n[Regulation 6A inserted: Gazette 14 Jul 2006 p. 2568.]\n\n##### 7. Laws prescribed (Act s. 11 *corresponding law*)\n\nFor the purposes of the definition of ***corresponding law*** in the CPA section 11, each law of each jurisdiction listed in the Table to this regulation is prescribed to be a law that corresponds with the *Road Traffic (Vehicles) Act 2012* or the *Control of Vehicles (Off‑road Areas) Act 1978*.\n\nTable\n\n| **Jurisdiction** | **Corresponding law** |\n| --- | --- |\n| Australian Capital Territory | *Road Transport (General) Act 1999   Road Transport (Driver Licensing) Act 1999   Road Transport (Vehicle Registration) Act 1999* |\n| New South Wales | *Road Transport (General) Act 1999* 1*Road Transport (Driver Licensing) Act 1998   Road Transport (Vehicle Registration) Act 1997* 2 |\n| Northern Territory | *Motor Vehicles Act 2004* |\n| Queensland | *Transport Operations Road Use Management Act 1995* |\n| South Australia | *Motor Vehicles Act 1959* |\n| Tasmania | *Vehicle and Traffic Act 1999* |\n| Victoria | *Road Safety Act 1986* |\n\n\n[Regulation 7 amended: Gazette 10 Feb 2015 p. 599.]\n\n## Part 4 — CPA Part 3 regulations\n\n### Division 1 — General\n\n##### 7A. Public authorities prescribed\n\nFor the purposes of the CPA Part 3 the following public authorities are prescribed —\n\n(a) each department of the Public Service;\n\n(aa) each local government;\n\n(ab) each regional local government;\n\n(b) the Authority as defined in the *Public Transport Authority Act 2003* section 3.\n\n[Regulation 7A inserted: Gazette 21 Apr 2009 p. 1368; amended: Gazette 23 Aug 2019 p. 3101-2.]\n\n##### 8. Prosecution notice, form and content of etc.\n\n(1) A prosecution notice must be in the form of Form 3.\n\n(2) Any attachment to a prosecution notice that is not lodged by means of the ECMS must be signed by the person or persons who sign the notice.\n\n(3) A prosecution notice must not allege both an either way charge and an indictable charge that is not an either way charge.\n\n(4) If a prosecution notice alleges more than one offence —\n\n(a) the item in Form 3 that requires the details of the alleged offence must contain “See attachment 1 — Charges”;\n\n(b) in the attachment —\n\n(i) each alleged offence must be numbered consecutively as “Charge No. 1 of 2” and “Charge No. 2 of 2” as the case requires; and\n\n(ii) the details of each alleged offence, as required by Form 3, must be stated.\n\n(5) If a prosecution notice that is not lodged by means of the ECMS alleges that more than one person committed an offence —\n\n(a) the item in Form 3 that requires the accused’s details must contain “See attachment [*number*] — Accused”; and\n\n(b) in the attachment —\n\n(i) each of the accused must be numbered consecutively as “Accused No. 1 of 2” and “Accused No. 2 of 2” as the case requires; and\n\n(ii) the name of each accused, and the accused’s details, as required by Form 3, must be stated;\n\nand\n\n(c) on the original of the notice that is lodged, in the item in Form 3 that requires the details of the alleged offence, the name of the first accused in the item must be marked with an asterisk; and\n\n(d) for each of the other accused the prosecutor must lodge a copy of the original of the notice (together with its attachment or attachments) on which, in the item in Form 3 that requires the details of the alleged offence, the name of the accused to which the copy relates is marked with an asterisk.\n\n(6) If a prosecution notice that is lodged by means of the ECMS alleges that more than one person committed an offence, the prosecutor must provide for the prosecution notice to be associated electronically with the prosecution notices for each of the other accused persons.\n\n[Regulation 8 amended: Gazette 26 Sep 2014 p. 3558‑9; 31 Dec 2019 p. 4671.]\n\n##### 9. Arrest warrant for accused, how application for to be made (Act s. 28)\n\n(1) In this regulation —\n\n  remote communication means any way of communicating at a distance including by telephone, fax, email and radio.\n\n(2) A reference in this regulation to making an application includes a reference to giving information in support of the application.\n\n(3) This regulation applies to and in respect of an application to a magistrate under the CPA section 28 for an arrest warrant for an accused.\n\n(4) The application must be made in person before the magistrate in chambers unless —\n\n(a) the warrant is needed urgently; and\n\n(b) the applicant reasonably believes that a magistrate is not available within a reasonable distance of the applicant,\n\nin which case —\n\n(c) it may be made to a magistrate by remote communication; and\n\n(d) the magistrate must not grant it unless satisfied about the matters in paragraphs (a) and (b).\n\n(5) The application must be made in writing unless —\n\n(a) the application is made by remote communication; and\n\n(b) it is not practicable to send the magistrate written material,\n\nin which case —\n\n(c) it may be made orally; and\n\n(d) the magistrate must make a written record of the application and any information given in support of it.\n\n(5a) Despite subregulation (5), information in support of the application may be given orally if the warrant is needed urgently, in which case the magistrate must make a written record of the information.\n\n(6) The application must be made on oath unless —\n\n(a) the application is made by remote communication; and\n\n(b) it is not practicable for the magistrate to administer an oath to the applicant,\n\nin which case —\n\n(c) it may be made in an unsworn form; and\n\n(d) if the magistrate issues a warrant, the applicant must as soon as practicable send the magistrate an affidavit verifying the application and any information given in support of it.\n\n(7) If on an application made by remote communication a magistrate issues a warrant, the magistrate must, if practicable, send a copy of the original warrant to the applicant by remote communication, but otherwise —\n\n(a) the magistrate must give the applicant by remote communication any information that must be set out in the warrant; and\n\n(b) the applicant must complete a form of a warrant with the information received and give the magistrate a copy of the form as soon as practicable after doing so; and\n\n(c) the magistrate must attach the copy of the form to the original warrant and any affidavit received from the applicant and make them available to the applicant.\n\n(8) The copy of the original warrant sent, or the form of the warrant completed, as the case may be, under subregulation (7) has the same force and effect as the original warrant.\n\n(9) If an applicant contravenes subregulation (6)(d) or (7)(b) any evidence obtained under the warrant is not admissible in proceedings in a court unless the court is satisfied that the desirability of admitting the evidence outweighs the undesirability of admitting the evidence.\n\n[Regulation 9 amended: Gazette 14 Nov 2006 p. 4728.]\n\n##### 10. Simple offences prescribed (Act s. 35(1) *prescribed simple offence*)\n\nFor the purposes of the CPA section 35, the offences listed in Schedule 3 are prescribed as prescribed simple offences.\n\n##### 11. Periods prescribed (Act s. 45)\n\n(1) For the purposes of the CPA section 45(2), the prescribed period is 21 days.\n\n(2) For the purposes of the CPA section 45(3), the prescribed period is 21 days.\n\n##### 12. Simple offences prescribed (Act s. 60(1) *listed simple offence*)\n\nFor the purposes of the CPA section 60, the offences listed in Schedule 4 are prescribed as listed simple offences.\n\n##### 13A. Recording of matters on prosecution notice (Act s. 47(1) and 68)\n\nFor the purposes of the *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* section 11, the information referred to in sections 47(1) and 68 of the CPA may be incorporated in a prosecution notice that is in electronic form by entering the information in the ECMS in respect of the prosecution notice.\n\n[Regulation 13A inserted: Gazette 26 Sep 2014 p. 3559; amended: Gazette 31 Dec 2019 p. 4671.]\n\n##### 13B. Recording of service information in service certificate\n\n(1) In this regulation —\n\nspecified document means any of the following documents served on a person in accordance with the CPA Schedule 2 —\n\n(a) a prosecution notice;\n\n(b) a court hearing notice;\n\n(c) a summons.\n\n(2) For the purposes of the *Courts and Tribunals (Electronic Processes Facilitation) Act 2013* section 11, an approved user who serves a named person with a specified document may incorporate electronically the service information to be recorded in the service certificate by entering the information into the ECMS.\n\n(3) If subregulation (2) applies, the court may refer to the service information incorporated electronically in the service certificate in determining whether it is satisfied that the accused has been served —\n\n(a) for the purposes of section 55(2) of the CPA; or\n\n(b) as the case may be, for the purposes of an application for an arrest warrant.\n\n[Regulation 13B inserted: Gazette 30 Sep 2016 p. 4173-4; amended: Gazette 31 Dec 2019 p. 4671.]\n\n### Division 1A — Applications and notice for *Bail Act 1982* s. 54 in courts of summary jurisdiction\n\n[Heading inserted: SL 2020/100 r. 4.]\n\n##### 13C. Forms for purposes of *Bail Act 1982* s. 54 in courts of summary jurisdiction\n\n(1) An application in a court of summary jurisdiction for a summons or warrant under the *Bail Act 1982* section 54(2)(b) must be made by lodging a Form 5A.\n\n(2) If a police officer arrests an accused without warrant under the *Bail Act 1982* section 54(2)(a) for the purposes of causing the accused to appear before an appropriate judicial officer in a court of summary jurisdiction under section 54(1) of that Act, the police officer must lodge a notice in the form of Form 5B.\n\n(3) An affidavit may be, but is not required to be, lodged in support of an application referred to in subregulation (1) or notice referred to in subregulation (2).\n\n(4) Despite regulation 14A, an application referred to in subregulation (1) is not required to be served.\n\n[Regulation 13C inserted: SL 2020/100 r. 4.]\n\n### Division 2 — Applications to courts of summary jurisdiction\n\n#### Subdivision 1 — Applications in or after a prosecution\n\n[Heading inserted: Gazette 9 Nov 2007 p. 5612.]\n\n##### 13. Application of Subdivision\n\n(1) This Subdivision applies to and in respect of any application that may be made to a court of summary jurisdiction —\n\n(a) in a prosecution; or\n\n(b) after a prosecution —\n\n(i) if the application could have been, but was not, made in the prosecution; or\n\n(ii) under the CPA section 72.\n\n(2) This Subdivision does not apply to or in respect of an application that may be made to a superior court.\n\n[Regulation 13 inserted: Gazette 9 Nov 2007 p. 5612.]\n\n[**13AA.** Deleted: SL 2020/100 r. 5.]\n\n##### 14. Other applications under this Subdivision\n\n(1) This regulation applies to and in respect of an application, other than an application under the *Bail Act 1982* section 54(2)(b), except to the extent that —\n\n(a) another regulation provides otherwise; or\n\n(b) the CPA or a written law provides otherwise; or\n\n(c) a court, in a particular case, permits otherwise.\n\n(2) A person wanting to make the application must make the application by lodging a Form 6.\n\n(3) The application and any affidavit in support of it must be lodged and served at least 3 clear working days before the date on which it is to be heard, unless the court orders otherwise.\n\n[Regulation 14 amended: Gazette 26 Jun 2018 p. 2422.]\n\n##### 14A. Procedure for applications under Subdivision\n\n(1) An application under this Subdivision must be served on each party in accordance with the CPA Schedule 2 clause 2 or 3.\n\n(2) The application must be heard in court and not in chambers.\n\n[Regulation 14A inserted: Gazette 26 Jun 2018 p. 2422.]\n\n##### 15. Applications that can be made orally\n\nDespite regulations 13C(1) and 14(2) and (3), these applications may be made orally unless the court in any particular case orders otherwise —\n\n(a) an application for bail;\n\n(b) an application to vary a condition of bail;\n\n(c) an application made under the *Bail Act 1982* section 20 or 54(2)(b);\n\n(d) an application for the issue of a warrant under the *Bail Act 1982* section 59B;\n\n(e) an application under the CPA to a prescribed court officer, other than an application under the CPA section 159;\n\n(f) an application to adjourn a prosecution, other than an application made under the CPA section 63(2);\n\n(g) an application for the use of a video link or audio link at the hearing of any proceedings in a prosecution;\n\n(h) an application for a directions hearing;\n\n(i) an application for costs;\n\n(j) an application for forfeiture;\n\n(k) an application to declare a person to be a serial family violence offender under the *Sentencing Act 1995* section 124E.\n\n[Regulation 15 amended: Gazette 27 Feb 2009 p. 518; 26 Jun 2018 p. 2422; SL 2020/100 r. 6; SL 2021/149 r. 4.]\n\n##### 16. Arrest warrant for accused, application for (Act s. 28)\n\nAn application under the CPA section 28(3) or (4) to a magistrate for an arrest warrant for an accused must be lodged together with —\n\n(a) the prosecution notice that alleges one or more charges against the accused; and\n\n(b) a draft arrest warrant for the accused.\n\n##### 17. Adjournment due to non-disclosure, application for (Act s. 63(2))\n\nAn application under the CPA section 63(2) must be lodged and served at least 5 clear working days before the date on which the trial is listed to begin, unless the court orders otherwise.\n\n##### 18. Decision made in absence of party, application to set aside (Act s. 71)\n\nAn application under the CPA section 71 must be made by lodging a Form 7 together with an affidavit verifying the grounds for the application.\n\n##### 19. Video link, application for use of (Act s. 77)\n\nAn application for an order under the CPA section 77(2) or (3) may be dealt with in chambers.\n\n##### 20. Applications, non-appearance at hearing of\n\nIf a court is satisfied that a party who does not appear at the hearing of an application has had adequate notice of the hearing, the court may deal with the application in the absence of the party.\n\n#### Subdivision 2 — Applications not in or after a prosecution\n\n[Heading inserted: Gazette 9 Nov 2007 p. 5612.]\n\n##### 20A. *Crimes Act 1914* (Cwlth) s. 9, applications under\n\n(1) An application under the *Crimes Act 1914* of the Commonwealth section 9 must be made by lodging a Form 6A.\n\n(2) The application and any affidavit in support of it must be lodged at least 3 clear working days before the date on which it is to be heard, unless the court orders otherwise.\n\n(3) The application may be heard in chambers.\n\n[Regulation 20A inserted: Gazette 9 Nov 2007 p. 5612.]\n\n## Part 5 — Witnesses\n\n##### 21. Term used: trial date\n\nIn this Part —\n\n  trial date, in relation to a trial, means the date the trial is listed to begin.\n\n##### 22. Application of Part\n\nThis Part does not apply to or in respect of a prosecution in a superior court.\n\n##### 23. Court officers prescribed (Act s. 159)\n\nFor the purposes of the CPA section 159 the prescribed court officers for a court are as follows —\n\n(a) for the Magistrates Court, any registrar;\n\n(b) for the Children’s Court, any registrar;\n\n(c) for an industrial magistrate’s court established under the *Industrial Relations Act 1979*, the clerk of the court.\n\n[(d) deleted]\n\n[Regulation 23 amended: SL 2024/132 r. 4.]\n\n##### 24. Witness in custody, request for presence of\n\nIf a party or other person wants a person who is in legal custody to be present to give oral evidence in a case, he or she must lodge a Form 8.\n\n##### 25. Witness summons, application for (Act s. 159)\n\n(1) To make an application under the CPA section 159 a party must lodge a Form 9 to which is attached one or both of the following —\n\n(a) a draft witness summons, in the form of Form 10, that requires the witness to attend the court to give oral evidence in the case;\n\n(b) a draft witness summons, in the form of Form 11, that requires the witness to attend the court and produce to the court a record or thing that is relevant to the case.\n\n(2) The attendance date in a witness summons to produce a record or thing must be —\n\n(a) if the person who applied for the issue of the summons so requests, a date before the trial date; or\n\n(b) otherwise, the trial date.\n\n(3) A witness summons must be issued under the seal of the court concerned.\n\n(4) A witness summons must contain or be accompanied by the information to the witness in Schedule 2.\n\n##### 26. Early compliance with summons to produce\n\n(1A) In this regulation —\n\nproduce electronically, in relation to a record or thing, means to provide the record or thing, in a format approved by the court, to the court —\n\n(a) by saving it to a CD‑ROM, DVD or USB device and —\n\n(i) providing the CD‑ROM, DVD or USB device to the court in person; or\n\n(ii) sending the CD‑ROM, DVD or USB device to the court by post or courier;\n\nor\n\n(b) by other electronic means approved by a registrar.\n\n(1) This regulation applies in the case of a witness summons to produce a record or thing if —\n\n(a) the summons requires the witness to produce the record or thing to the court on a date before the trial date; or\n\n(b) under the CPA section 163 the witness wishes to produce the record or thing to the court on a date before the trial date.\n\n(2) The witness may produce the record or thing —\n\n(a) if the original record or thing is in electronic form — by producing it electronically; or\n\n(b) otherwise — by providing it to the court in person or sending it to the court by post or courier.\n\n(3) If the witness produces more than one record or thing to the court, the witness must give the court a list of whatever is produced.\n\n(4) If the witness claims that any record or thing to which the summons relates is privileged, the witness —\n\n(a) must apply for an order that the record or thing is privileged; and\n\n(b) must produce the record or thing to the court at the hearing of the application.\n\n(5) An application under subregulation (4)(a) must be lodged as soon as practicable after the witness is served with the witness summons and in any event on or before the attendance date in the witness summons.\n\n(5A) If the summons requires the production of a record and does not require that the original record be produced, the witness may comply with subregulation (2) or (4)(b) by producing a copy of the record (whether in electronic form or otherwise).\n\n(6) On receiving the record or thing produced, a court officer must —\n\n(a) issue a receipt to the witness for the record or thing; and\n\n(b) keep the record or thing in safe custody until any application for an order under the CPA section 163(3) is decided and, subject to any order made on such an application, until the trial date.\n\n[Regulation 26 amended: SL 2023/19 r. 6.]\n\n##### 27. Arrest warrant for a witness, form of\n\nA warrant to arrest a witness (whether issued under the CPA section 159(3) or under the *Evidence Act 1906* section 16(1)(b)) must be in the form of Form 12.\n\n##### 28. Warrant to imprison a witness, form of\n\nA warrant to imprison a witness under the CPA Schedule 4 clause 2 must be in the form of Form 13.\n\n## Part 6 — CPA Part 6 regulations\n\n##### 28A. Unclaimed exhibits, destruction or disposal of\n\nIf an exhibit tendered in evidence to a court remains in the possession of the court after reasonable steps have been taken to identify a person who is entitled to possession of it and to require the person to collect it from the court, a magistrate may order a registrar to destroy it or dispose of it in some other way.\n\n[Regulation 28A inserted: Gazette 9 Nov 2007 p. 5612-13.]\n\n##### 28B. Additional copy of served document, fee for (Act s. 175A)\n\nThe fee to be paid for giving another copy of a document under section 175A of the Act is the fee set out in the *Magistrates Court (Fees) Regulations 2005* Schedule 1 Division 1 item 1(b).\n\n[Regulation 28B inserted: Gazette 16 May 2008 p. 1910.]\n\n##### 29. Correction of court record, application for (Act s. 179)\n\n(1) If an application made under the CPA section 179 to correct a record of a court in respect of an accused is made by or on behalf of the prosecutor in the relevant prosecution against the accused, the application —\n\n(a) need not be served on the accused; and\n\n(b) may be dealt with in the absence of the accused,\n\nunless a court orders otherwise.\n\n(2) If an application made under the CPA section 179 to correct a record of a court in a prosecution is made by a person other than the prosecutor, the application —\n\n(a) must be served on the prosecutor; and\n\n(b) must not be dealt with in the absence of the prosecutor unless a court considers it is in the interests of justice to do so.\n\n##### 30. Review of court officer’s decision, application for (Act s. 184)\n\n(1) To make an application under the CPA section 184 a person must lodge a Form 14.\n\n(2) The court may deal with the application either —\n\n(a) at a hearing of which notice has been given to the parties; or\n\n(b) without a hearing on the basis of the documents lodged with the court.\n\n(3) If the application is dealt with without a hearing, the court must notify the parties of the court’s decision on the application.\n\n## Part 7 — CPA Schedule 3 regulations\n\n##### 31. Transcripts, certification of (Act Sch. 3 cl. 6)\n\n(1) For the purposes of the CPA Schedule 3 clause 6(5), a certificate that a transcript of a witness’s evidence is correct must comply with the *Evidence Act 1906* section 50A(2).\n\n(2) A person who signs a certificate required by the CPA Schedule 3 clause 6(5) knowing that it is false in a material particular commits an offence.\n\nPenalty: $1 000.\n\n## Part 8 — Miscellaneous matters\n\n[Heading inserted: Gazette 14 Nov 2006 p. 4728.]\n\n##### 32. Application under *High Risk Serious Offenders Act 2020* s. 51\n\nRegulation 9, other than subregulations (3) and (6), applies with any necessary changes to and in respect of an application under the *High Risk Serious Offenders Act 2020* section 51 to a magistrate for a warrant.\n\n[Regulation 32 inserted: Gazette 14 Nov 2006 p. 4728-9; amended: SL 2020/236 r. 4.]\n\nSchedule 1 — Forms\n\n[r. 4]\n\n1. Arrest warrant\n\n- Western Australia[*Name of court*] atNo: **Arrest warrant for an accused or an offender**CWI Warrant No.\n- **To** **All police officers.****All persons authorised to exercise a power in the *Court Security and Custodial Services Act 1999* Schedule 2 clause 2.**\n- Person to be arrested Full name\n- Date of birth Male/Female\n- Address\n- **Command** **This warrant authorises and commands you to arrest the above person and bring him or her before the above court to be dealt with according to law.****When arrested the person must be brought before the above court as soon as is reasonably practicable, either in person or by means of an audio link or video link.**\n- Reason for issue of warrant Under the *Bail Act 1982* — 🞏 Person required at application to cancel surety undertaking (s. 48).🞏 Person required to show cause why bail should not be varied or revoked (s. 54).🞏 Person did not obey bail undertaking (s. 59B).\n- Under the *Criminal Procedure Act 2004* —🞏 Issued in the first instance to accompany a prosecution notice or indictment charging the person (s. 28, 86).🞏 Person did not obey summons (s. 38).🞏 Person required to appear on a charge (s. 139).\n- Under the *Young Offenders Act 1994* —🞏 Person did not obey notice to attend court (s. 43).\n- Under the *Sentencing Act 1995* — 🞏 Person required for sentencing (s. 14, 33J).🞏 Person required so court can ascertain if he or she has complied with PSO, CRO or CSI requirements (s. 33C, 50, 84O).🞏 Person required to answer allegation of breach, or likely breach, of PSO (s. 33P).🞏 Person required at application to amend or cancel CRO, CBO, ISO or CSI requirements (s. 14, 84H, 126).🞏 Person required to answer allegation of re‑offending while subject to CRO, CBO, ISO, CSI or suspended imprisonment (s. 79, 84E, 129).\n- Other (specify) —\n- Relevant charges Prosecution notice/Indictment No. Description of offence\n- Warrant issued by Signature:Judicial officer/[*Title of officer*] Date\n- Execution details Person arrested on 20 at hours atby: Registered No.:of: Station:Signature: Date:\n\n\n[Form 1 amended: Gazette 12 May 2006 p. 1784; 27 Feb 2009 p. 518; SL 2020/100 r. 7.]\n\n2. Remand warrant\n\n- Western Australia[*Name of court*] atNo: **Remand warrant**\n- **To** **All police officers.****Chief executive officer under the *Prisons Act 1981*.****All persons authorised to exercise a power in the *Court Security and Custodial Services Act 1999* Schedule 2 clause 2 or 3, as the case requires.**\n- Person remanded Full name\n- Date of birth Male/Female\n- Address\n- **Reason for warrant****Command**[Tick one box] **The above person appeared before this court in relation to these offences and the proceedings were adjourned.****This warrant authorises and commands you to keep the person in custody until the new court date stated below unless and until the person enters into bail in accordance with the conditions stated below.****If the person is still in custody on the new court date, then on that date, unless the court has otherwise ordered, you are —****required to bring the person before the court —** **🞏 in person at the place stated below; or** **🞏 by means of a video link; or** **🞏 with the prior approval of the court, via an audio link.****🞏 not required to bring the person before the court.**\n- Offences charged Prosecution notice/\nIndictment No. Description of offence\n- New court date(if in custody) Date: Time:Court:Place:Purpose of appearance:\n- Additional information\n- New court date(if bailed) Date: Time:Court:Place:\n- Bail 🞏 Granted (see below) 🞏 Not granted\n- Bail details(if granted) Conditions:Surety to be approved by 🞏 JP 🞏 Other (specify)\n- Warrant issued by Signature:Judicial officer/[Title of officer] Date\n\n\n[Form 2 inserted: Gazette 22 Jun 2012 p. 2780‑1.]\n\n3. Prosecution notice (r. 8)\n\n- Western Australia*Criminal Procedure Act 2004*[*Name of court*] atNo: **Prosecution notice**\n- Details of alleged offence1 Accused\n- Date or period\n- Place\n- Description\n- Written law\n- **Notice to accused** **You are charged with the offence described above,****or the offences described in any attachment to this notice.****The charge(s) will be dealt with by the above court.**\n- Accused’s details2 Date of birth Male/Female\n- Address\n- Prosecutor3\n- Person issuing this notice Full name\n- Official title\n- Work address\n- Work telephone\n- Signature\n- Date This prosecution notice is signed on\n\n\nNotes to Form 3 —\n\n1. This description must comply with the CPA Schedule 1 clause 5.\n\n2. This description must comply with the CPA Schedule 1 clause 4.\n\n3. Identify the prosecutor in accordance with the CPA Schedule 1 clause 3.\n\n[Form 3 amended: SL 2021/38 r. 7.]\n\n4. Summons to an accused\n\n- Western Australia*Criminal Procedure Act 2004*[*Name of court*] atNo: **Summons to an accused**\n- Accused’s details Full name\n- Address\n- Hearing details The charge(s) in the attached prosecution notice dated will be dealt with by the above court on at a.m./p.m.at\n- **Command** **You are commanded to attend personally before the above court at the above hearing to be dealt with according to law.****You must attend at the court until you are released by the court, not only on the above date but also on subsequent days.**\n- **Warning** **If you do not obey this summons you may be arrested.**\n- Notice If you do not know what to do, you should get advice from a lawyer, the Legal Aid Commission or the Aboriginal Legal Service.If you will need an interpreter in court, please contact the court.\n- Issuing details This summons is issued on [*date*].……………………………[*Title of person issuing summons*]\n- Service details[*Police only] I personally served a copy of this summons and the prosecution notice referred to above on the accused at [*place*] on [*date*].Name of server: *Registered No:Signature: Station:\n\n\n5. Court hearing notice\n\n- Western Australia*Criminal Procedure Act 2004*[*Name of court*] atNo: **Court hearing notice**\n- Accused’s details Full name\n- Address\n- Hearing details The charge(s) in the attached prosecution notice dated will be first dealt with by the above court on at a.m./p.m.at\n- **Notice to accused** **Your options are set out below. You should read them carefully.**If you do not know what to do, you should get advice from a lawyer, the Legal Aid Commission or the Aboriginal Legal Service.If you will need an interpreter in court, please contact the court.\n- Options 1. You can attend the above hearing.2. You can do nothing.3. You can plead not guilty in writing.4. You can plead guilty in writing.**Options 2, 3 and 4 are explained below.**\n- Doing nothing[Option 2] If you do not appear at the above hearing and you do not lodge with the court a written plea in time, the court may determine the charge(s) at the above hearing in your absence.In some cases the court can take as proved any allegation in the attached prosecution notice without hearing evidence.The court may decide to summons you to court or have you arrested and brought before the court.If the court finds you guilty, it may fine you and order you to pay court costs and the prosecutor’s costs.\n- Pleading not guilty in writing[Option 3] Pleading not guilty to a charge in the prosecution notice means you do not admit the charge.If you lodge with the court a written plea of not guilty, you need not attend the above hearing. If the court receives your written plea in time it will send you a notice of another hearing at which the court will deal with the charge(s) (in your absence if you are not there) and hear any evidence you wish to give and any witnesses you call.A written plea of not guilty must be lodged with the court at least 3 days before the above hearing date — 1. by means of the ECMS; 1 or2. by completing page 2 of this form and returning it to the court registry.\n- Pleading guilty in writing[Option 4] Pleading guilty to a charge in the prosecution notice means you admit the charge.If you lodge with the court a written plea of guilty, you need not attend the above hearing unless you want to tell the court something.If the court receives your written plea in time it will deal with the charge(s) at the above hearing (in your absence if you are not there) and may fine you and order you to pay court costs and the prosecutor’s costs.A written plea of guilty must be lodged with the court at least 3 days before the above hearing date — 1. by means of the ECMS; 1 or 2. by completing page 2 of this form and returning it to the court registry.Attach any written explanation or information that you want the court to consider.The court might not accept your plea of guilty if what you tell the court suggests you do not admit the charge. If that happens you will be notified.\n- Issuing details This notice is issued on [*date*].……………………………[*Title of person issuing notice*]\n- Service details 2[*Police only] On 20 , the accused was served with a copy of this notice and the prosecution notice referred to above in the following manner:Name of server: *Registered No:Signature: *Station:\n\n\nNotes for Form 5 page 1:\n\n1. The electronic case management system (ECMS) can be accessed via the eCourts Portal of Western Australia at http://ecourts.justice.wa.gov.au/eCourtsPortal/.\n\n2. Service must be in accordance with the CPA Schedule 2 clause 2, 3 or 4 (see s. 33(3)). Insert here whichever manner of service was used.\n\nForm 5 page 2\n\n- Western Australia*Criminal Procedure Act 2004*[*Name of court*] atNo: **Written plea by accused**\n- Accused’s details Full name\n- Address\n- Accused’s plea I have received a prosecution notice datedand a court hearing notice advising me of the hearing on [*date*].I understand or have had explained to me the charge(s) in the prosecution notice and the contents of the court hearing notice and I understand the effect of this written plea I am sending to the court.\n- Plea of guilty[Tick one box][Tick one box] 🞏 I plead guilty to the charge(s) in the prosecution notice.🞏 I plead guilty to Charge No. 1 in the prosecution notice.Attendance at court:🞏 I will be attending the hearing on the above date.🞏 I will not be attending the hearing on the above date.I would like the court to take account of the following: 2\n- Plea of not guilty[Tick one box][Tick one box] 🞏 I plead not guilty to the charge(s) in the prosecution notice.🞏 I plead not guilty to Charge No.3 in the prosecution notice.Attendance at court:🞏 I will be attending the hearing on the above date.🞏 I will not be attending the hearing on the above date.At the trial of the charge(s) I intend to call4 witnesses (including myself).When setting a date for the trial please take account of the following:5\n- Contact details My contact details are — Address (if different to the one above):Telephone No. Email Mobile No.\n- Lawyer’s details[If a lawyer will appear for you] Name:Firm name:\n- Accused’s signature6 Date\n- Court address Send this document to:at:\n\n\nNotes to Form 5 page 2 —\n\n1. If the prosecution notice contains more than one charge and you want to plead guilty to only some of them, write the numbers of the charges here.\n\n2. If you are pleading guilty you can (but need not) explain why you committed the offence(s) and give any information that you want the court to consider when deciding what sentence to impose on you.\n\n3. If the prosecution notice contains more than one charge and you want to plead not guilty to only some of them, write the numbers of them here.\n\n4. Please insert the number of witnesses to assist the court in deciding how long the trial might last.\n\n5. Please provide any information that might assist the court when setting the date for the trial such as dates when you will be overseas or in hospital.\n\n6. This may be signed by the accused’s lawyer or, if the accused is a corporation, made in accordance with the *Criminal Procedure Act 2004* section 154(1).\n\n[Form 5 amended: SL 2022/126 r. 4.]\n\n5A. Application under Bail Act 1982 s. 54(2)(b) (r. 13C(1))\n\n- Court number **Application for summons or warrant under the *Bail Act 1982* s. 54(2)(b)***Criminal Procedure Regulations 2005*\n- Court location\n- Date lodged\n- **Case***(Names of all parties)*\n- **Applicant***(Name of the party applying)* Name\n- Address\n- Telephone No.\n- **Application details** The applicant applies:❒ under 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.❒ under 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:❒ accused unlikely to appear in court in compliance with requirement of bail undertaking (*Bail Act 1982* s. 54(1)(a)(i))❒ breach or likely breach of the following condition(s) of bail undertaking (*Bail Act 1982* s. 54(1)(a)(ii)):\n- ❒ not to be in the company of a particular person ❒ report to a Community Corrections Officer\n- ❒ not to go within a specified distance of a specified place or person (not to approach or enter) ❒ obey direction of a Community Corrections Officer\n- ❒ not to make contact with a particular person ❒ comply with curfew\n- ❒ attend drug and alcohol testing ❒ report to Police\n- ❒ attend drug and alcohol counselling ❒ reside at a particular address\n- ❒ undertake a mental health assessment ❒ surrender passport\n- ❒ undertake a physical health examination ❒ not to consume a specified / illicit / prohibited substance(s)\n- ❒ attend / reside at a specialist treatment centre ❒ other:\n- ❒ attend other counselling / programmes as specified\n- ❒ breach of home detention condition (*Bail Act 1982* s. 54(1)(a)(iii))❒ breach of electronic monitoring condition (*Bail Act 1982* s. 54(1)(a)(iv))❒ surety no longer suitable or dead (*Bail Act 1982* s. 54(1)(b)(i))❒ other (specify):\n- **Description of grounds**\n- **Signature of applicant or lawyer** Applicant / applicant’s lawyer Date\n- **HEARING DETAILS****This application will be heard on:**\n- **Date and time** Date Time 9 am or as soon after as possible\n- **Place**\n\n\n[Form 5A inserted: SL 2024/252 r. 8.]\n\n5B. Form to be lodged when accused arrested without warrant under Bail Act 1982 s. 54(2)(a) (r. 13C(2))\n\n- Court number **Notice that accused arrested without warrant under *Bail Act 1982* s. 54(2)(a)***Criminal Procedure Regulations 2005*\n- Court location\n- Date lodged\n- **Case** *(Names of all parties)*\n- **Police officer lodging form** Name\n- Address\n- Telephone No.\n- **Details** The accused mentioned above 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:❒ accused unlikely to appear in court in compliance with requirement of bail undertaking (*Bail Act 1982* s. 54(1)(a)(i))❒ breach or likely breach of the following condition(s) of bail undertaking (*Bail Act 1982* s. 54(1)(a)(ii)):\n- ❒ not to be in the company of a particular person ❒ report to a Community Corrections Officer\n- ❒ not to go within a specified distance of a specified place or person (not to approach or enter) ❒ obey direction of a Community Corrections Officer\n- ❒ not to make contact with a particular person ❒ comply with curfew\n- ❒ attend drug and alcohol testing ❒ report to Police\n- ❒ attend drug and alcohol counselling ❒ reside at a particular address\n- ❒ undertake a mental health assessment ❒ surrender passport\n- ❒ undertake a physical health examination ❒ not to consume a specified / illicit / prohibited substance(s)\n- ❒ attend / reside at a specialist treatment centre ❒ other:\n- ❒ attend other counselling / programmes as specified\n- ❒ breach of home detention condition (*Bail Act 1982* s. 54(1)(a)(iii))❒ breach of electronic monitoring condition (*Bail Act 1982* s. 54(1)(a)(iv))❒ surety no longer suitable or dead (*Bail Act 1982* s. 54(1)(b)(i))❒ other (specify):\n- **Description of grounds**\n- **Signature of police officer lodging form or lawyer** Date\n- Police officer lodging form / Lawyer\n\n\n[Form 5B inserted: SL 2024/252 r. 8.]\n\n6. Application in or after a prosecution (r. 14)\n\n- *Criminal Procedure Act 2004*[*Name of court*] atNo: **Application in or after a prosecution**\n- Case [*Names of all parties*]\n- Applicant [*Name of the party applying*]\n- Application details The applicant applies for — [*Set out the order or orders sought*]\n- Signature of applicant or lawyer Applicant/Applicant’s lawyer Date\n- Hearing details This application will be heard — on [*date*] at [*time*] or as soon after as possible,at [*place*]\n\n\n[Form 6 amended: Gazette 9 Nov 2007 p. 5613.]\n\n6A. *Crimes Act 1914* (Cwlth) s. 9, application under (r. 20A)\n\n- *Criminal Procedure Act 2004*[*Name of court*] atNo: **Application under the *Crimes Act 1914* (Cwlth) section 9**\n- Case [*Names of all parties*]\n- Applicant [*Name of the party applying*]\n- Application details The applicant applies for an order that the following forfeited articles be condemned:\n- Signature of applicant or lawyer Applicant/Applicant’s lawyer Date\n- Hearing details This application will be heard — on [*date*] at [*time*] or as soon after as possible,at [*place*]\n\n\n[Form 6A inserted: Gazette 9 Nov 2007 p. 5613.]\n\n7. Decision made in absence of a party, application to set aside (r. 18)\n\n- *Criminal Procedure Act 2004*[*Name of court*] atNo: **Application to set aside decision made in absence of a party**\n- Case [*Names of all parties*]\n- Applicant [*Name of the party applying*]\n- Application Under the *Criminal Procedure Act 2004* section 71, the applicant applies for an order that sets aside the decision specified below and that orders the charge specified below to be dealt with again.\n- Licence disqualification order, suspension of 1 🞏 Under the *Criminal Procedure Act 2004* section 71(3) the applicant applies for an order that suspends the court’s order disqualifying the accused from holding or obtaining a licence under a written law until the above application is decided.\n- Decision details Court at No.\n- Date\n- Grounds2[Tick one box] The grounds for this application are — 🞏 I did not receive notice of the court date on which the above decision was made.🞏 I did not receive notice of the court date on which the above decision was made in enough time to enable me to appear.🞏 I did receive notice of the court date on which the above decision was made but I did not appear for these reasons —\n- Signature of applicant or lawyer Applicant/Applicant’s lawyer Date\n- Hearing details This application will be heard — on [*date*] at [*time*] or as soon after as possible,at [*place*]\n\n\nNotes to Form 7 —\n\n1. Tick the box if you are applying under the *Criminal Procedure Act 2004* section 71(3).\n\n2. You must lodge an affidavit verifying these grounds.\n\n8. Request that person in custody be present to give evidence (r. 24)\n\n- *Criminal Procedure Act 2004*[*Name of court*] atNo: **Request that person in custody be present to give evidence**\n- Case [*Names of all parties*]\n- Applicant [*Name of the party requesting*]\n- Request The applicant requests the court to require the following person(s) to be present on [*date*] at [*place*] to give evidence on behalf of the applicant in this matter.\n- Full name of person in custody Place of custody (if known)\n- Signature of applicant or lawyer Applicant/Applicant’s lawyer Date\n\n\n9. Witness summons, application for (r. 25(1))\n\n- *Criminal Procedure Act 2004*[*Name of court*] atNo: **Application for witness summons**\n- Case [*Names of all parties*]\n- Applicant [*Name of the party requesting*]\n- Request The applicant requests the court to issue the attached witness summons(es) requiring the witness(es) named below to give or produce evidence on behalf of the above applicant in this matter.\n- Full names of witness(es) 1.\n- Signature of applicant or lawyer Applicant/Applicant’s lawyer Date\n- Result of application 🞏 Application granted.🞏 Application refused because:……………………………Prescribed court officer Date\n\n\n10. Witness summons to give oral evidence (r. 25(1)(a))\n\n- Western Australia*Criminal Procedure Act 2004*[*Name of court*] atNo: **Witness summons to give oral evidence**\n- Case [*Names of the parties to the case in which the witness is required*]\n- To:[Witness’s details] [*Full name and address*]\n- **Command** **You are commanded to attend personally at the time and place specified below to give evidence in the above matter.**\n- Time and place to appear You must attend personally as follows:Date: Time:Court:Place:You must attend at the court until you are released by the court, not only on the above date but also on subsequent days.\n- **Warning** **If you do not obey this summons you may be arrested and also you may be imprisoned or fined or both.**\n- Party requesting summons This summons is issued by the court at the request of [*party*]For inquiries contact Tel: Ref:\n- Date summons issued This summons is issued by the court on [*date*]. Court seal\n- Service details[*Police only] I personally served a copy of this summons and the “Notice to witness” in the *Criminal Procedure Regulations 2005* Schedule 2 on this witness at [*place*] on [*date*].At the same time I gave the witness [*set out the amount of money or other means for the witness to comply with the summons*].Name of server: *Registered No:Signature: *Station:\n\n\n11. Witness summons to produce a record or thing (r. 25(1)(b))\n\n- Western Australia*Criminal Procedure Act 2004*[*Name of court*] atNo: **Witness summons to produce a record or thing**\n- Case [*Names of the parties to the case in which the witness is required*]\n- To:[Witness’s details] [*Full name and address*]\n- **Command** **You are commanded to produce the records or things described below on or before the date and at or before the time specified below.**\n- Time to produce record or thing Date: Time:Court:\n- Records or things to be produced You must produce to the court the following:[*List the records or things and whether the original of any record is required. If insufficient space, attach list.*]\n- **Warning** **If you do not obey this summons you may be arrested and also you may be imprisoned or fined or both.**\n- Party requesting summons This summons is issued by the court at the request of [*party*]For inquiries contact Tel: Ref:\n- Date summons issued This summons is issued by the court on [*date*]. Court seal\n- Service details[*Police only] I personally served a copy of this summons and the “Notice to witness” in the *Criminal Procedure Regulations 2005* Schedule 2 on this witness at [*place*] on [*date*].At the same time I gave the witness [*set out the amount of money or other means for the witness to comply with the summons*].Name of server: *Registered No:Signature: *Station:\n- **Notes**\n- **Production of copy of record instead of original record** Unless this summons states that the original of a record is required, you may produce a copy of it instead.\n\n\n[Form 11 amended: SL 2023/19 r. 7.]\n\n12. Arrest warrant for a witness (r. 27)\n\n- Western Australia*Criminal Procedure Act 2004*[*Name of court*] atNo: **Arrest warrant for a witness**CWI Warrant No.\n- **To** **All police officers.****All persons authorised to exercise a power in the *Court Security and Custodial Services Act 1999* Schedule 2 clause 2.**\n- Person to be arrested Full name\n- Date of birth Male/Female\n- Address\n- Case in which witness is required The above person is wanted as a witness in the following case:[*Set out the parties to the case.*]\n- **Command** **This warrant authorises and commands you to arrest the above person and take him or her to the above court.****When arrested the person must be brought before the above court as soon as is reasonably practicable, either in person or by means of an audio link or video link.**\n- Reason for warrant 🞏 The above person did not obey a witness summons.🞏 The above person is wanted as a witness in the above matter.\n- Warrant issued by Signature:Judicial officer Date\n- Execution details Person arrested on 20 at hours atby: Registered No:of: Station:Signature: Date:\n\n\n13. Warrant to imprison a witness (r. 28)\n\n- Western Australia*Criminal Procedure Act 2004*[*Name of court*] atNo: **Warrant to imprison a witness**\n- **To** **All police officers.****Chief executive officer under the *Prisons Act 1981*.****All persons authorised to exercise a power in the *Court Security and Custodial Services Act 1999* Schedule 2 clause 2 or 3 as the case requires.**\n- Witness Full name\n- Date of birth Male/Female\n- Address\n- Case in which witness is required The above person is wanted as a witness in the following case:[*Set out the parties to the case.*]\n- **Command**[Tick box(es) as required] **This warrant authorises and commands you to keep the above witness in custody until the hearing date below when you must bring the witness to this court at the place stated below;****unless before then —**🞏 **the witness complies with an order made under the *Criminal Procedure Act 2004* Schedule 4 clause 2(5) as set out below;**🞏 **one or more sureties comply with an order made under the *Criminal Procedure Act 2004* Schedule 4 clause 2(5) as set out below.**\n- Hearing date Date: Time:Place:\n- Order as to witness1\n- Order as to surety2\n- Warrant issued by Signature:Judicial officer Date\n\n\nNotes to Form 13 —\n\n1. Leave blank if no order is made under the *Criminal Procedure Act 2004* Schedule 4 clause 2(4). Otherwise set out terms of the order made under clause 2(4) and any order made under clause 2(5) in respect of the witness.\n\n2. Leave blank if no order is made under the *Criminal Procedure Act 2004* Schedule 4 clause 2(5) requiring one or more sureties. Otherwise set out the terms of any order made as to a surety or sureties.\n\n14. Review of court officer’s decision, application for (r. 30)\n\n- *Criminal Procedure Act 2004*[*Name of court*] atNo: **Application for review of court officer’s decision**\n- Case [*Names of all parties*]\n- Applicant [*Name of the party applying*]\n- Decision to be reviewed Date of decision\n- Brief description of decision\n- Application Under the *Criminal Procedure Act 2004* section 184 the applicant applies for a review of the above decision.\n- Extension of time Is this application lodged within 7 days after the date of the above decision? Yes/NoIf no, state why the application is lodged late:\n- Grounds of review 1.\n- Signature of applicant or lawyer Applicant/Applicant’s lawyer Date\n- Hearing details This application will be heard — on [*date*] at [*time*] or as soon after as possible,at [*place*]\n\n\nSchedule 1A — Infringement notices: prescribed Acts\n\n[r. 6A]\n\n[Heading inserted: Gazette 14 Jul 2006 p. 2568.]\n\n*Associations Incorporation Act 2015*\n\n*Betting Control Act 1954*\n\n*Biodiversity Conservation Act 2016*\n\n*Building Act 2011*\n\n*Building and Construction Industry (Security of Payment) Act 2021*\n\n*Building Services (Complaint Resolution and Administration) Act 2011*\n\n*Building Services (Registration) Act 2011*\n\n*Business Names Act 1962*\n\n*Casino (Burswood Island) Agreement Act 1985*\n\n*Casino Control Act 1984*\n\n*Charitable Collections Act 1946*\n\n*Chattel Securities Act 1987*\n\n*Child Care Services Act 2007*\n\n*Companies (Co‑operative) Act 1943* 3\n\n*Co‑operative and Provident Societies Act 1903* 3\n\n*Credit Act 1984*\n\n*Credit (Administration) Act 1984*\n\n*Debt Collectors Licensing Act 1964*\n\n*Electricity Act 1945*\n\n*Emergency Management Act 2005*\n\n*Employment Agents Act 1976*\n\n*Energy Coordination Act 1994*\n\n*Energy Safety Act 2006*\n\n*Fair Trading Act 2010*\n\n*Firearms Act 2024*\n\n*Gaming and Wagering Commission Act 1987*\n\n*Gas Standards Act 1972*\n\n*Health (Miscellaneous Provisions) Act 1911*\n\n*Health Services Act 2016*\n\n*Hire‑Purchase Act 1959*\n\n*Juries Act 1957*\n\n*Land Administration Act 1997*\n\n*Land Valuers Licensing Act 1978*\n\n*Limited Partnerships Act 2016*\n\n*Major Events Act 2023*\n\n*Medicines and Poisons Act 2014*\n\n*Mining Rehabilitation Fund Act 2012*\n\n*Public Health Act 2016*\n\n*Real Estate and Business Agents Act 1978*\n\n*Residential Parks (Long‑stay Tenants) Act 2006*\n\n*Residential Tenancies Act 1987*\n\n*Retail Trading Hours Act 1987*\n\n*Settlement Agents Act 1981*\n\n*Shipping and Pilotage Act 1967*\n\n*Short‑Term Rental Accommodation Act 2024*\n\n*Street Collections (Regulation) Act 1940*\n\n*Ticket Scalping Act 2021*\n\n*Tobacco Products Control Act 2006*\n\n*Towing Services Act 2024*\n\n*Transport (Road Passenger Services) Act 2018*\n\n*Water Services Act 2012*\n\n*Western Australian Meat Industry Authority Act 1976*\n\n*Workers Compensation and Injury Management Act 2023*\n\n[Schedule 1A inserted: Gazette 14 Jul 2006 p. 2568‑9; amended: Gazette 13 Nov 2007 p. 5696; 8 May 2009 p. 1502; 23 Jun 2009 p. 2467; 26 Jun 2009 p. 2569; 17 Sep 2010 p. 4758; 1 Jul 2011 p. 2724; 27 Oct 2011 p. 4552; 23 Mar 2012 p. 1369; 30 Aug 2013 p. 4101; 3 Sep 2013 p. 4148; 24 Jun 2016 p. 2317; 30 Dec 2016 p. 5965; 10 Jan 2017 p. 174; 24 Jan 2017 p. 745; 4 Aug 2017 p. 4314; 14 Sep 2018 p. 3314; 12 Feb 2019 p. 265; SL 2020/32 r. 4; SL 2021/135 r. 4; SL 2021/136 r. 4; SL 2021/174 r. 4; SL 2022/8 r. 4; SL 2022/14 r. 4; SL 2023/69 r. 4; SL 2024/29 r. 4; SL 2024/76 r. 4; SL 2024/210 r. 4; SL 2024/242 r. 4; SL 2024/260 r. 4; SL 2025/2 r. 4.]\n\nSchedule 2 — Information for witnesses\n\n[r. 25(4)]\n\n**Notice to witness**\n\n**This notice and the attached document(s) are very important.**\n\n**Please read them very carefully. If you have any trouble understanding them, you should get legal advice as soon as possible.**\n\nAttached to this notice is either one or two witness summonses that have been issued by a court.\n\n**Your rights**\n\nYou may be able to apply to the court to have the summons(es) set aside. If you want to make such an application you should get legal advice.\n\n**Your obligations**\n\nYou must obey the summons(es) if at the time you were served with them or at some reasonable time before the date(s) when the summons(es) require you to appear in court —\n\n• an amount that is likely to be sufficient to meet your reasonable expenses of attending court was tendered to you; or\n\n• arrangements to enable you to attend court were made with you; or\n\n• you were provided the means to enable you to attend court.\n\nIf you do not obey the summons(es) you may be imprisoned or fined or both.\n\n**Are you restricted in where you can go by a legal order?**\n\nRead this if you are subject to a legal restriction on your movements that you might breach when you obey the summons(es); for example one of these —\n\n• a bail undertaking;\n\n• an order imposed on you by a court as or part of a sentence;\n\n• a work and development order;\n\n• a parole or other order imposed on you when you were released from prison.\n\nIf you are restricted in where you can go, you must —\n\n• tell the person who supervises the order that restricts your movements; and\n\n• tell the court that issued the summons(es); and\n\n• tell the party that requested the summons(es),\n\nas soon as practicable after you are served with the summons(es).\n\nYou must take all reasonable steps to have the restriction varied so that you can comply with the summons(es).\n\nIf the restriction is not varied you must tell the court that issued the summons(es) and the party that requested the summons(es) either —\n\n• of the steps you took to have the restriction varied and that the restriction has not been varied; or\n\n• that the law does not permit that variation,\n\nwhichever is the case.\n\nSchedule 3 — Prescribed simple offences\n\n[r. 10]\n\n1. *Criminal Code* offence\n\nThe offence under *The Criminal Code* section 338E (Stalking).\n\n2. *Prostitution Act 2000* offence\n\nThe offence under the *Prostitution Act 2000* section 7 (Seeking to induce person to act as prostitute).\n\n3. *Restraining Orders Act 1997* offences\n\nThe offences under the following sections of the *Restraining Orders Act 1997* —\n\n(a) section 61(1) (Breaching a family violence restraining order or violence restraining order);\n\n(b) section 61(2a) (Breaching a police order).\n\n[Clause 3 amended: Gazette 27 Jun 2017 p. 3433.]\n\n4. *Road Traffic Act 1974* offence\n\nThe offence under the *Road Traffic Act 1974* section 59A (Dangerous driving causing bodily harm).\n\n[Clause 4 amended: Gazette 9 Nov 2007 p. 5613.]\n\nSchedule 4 — Listed simple offences\n\n[r. 12]\n\n[Heading inserted: Gazette 9 Nov 2007 p. 5613.]\n\n1AA. *Animal Welfare Act 2002* offences\n\nAny simple offence under the *Animal Welfare Act 2002.*\n\n[Clause 1AA inserted: SL 2021/154 r. 4.]\n\n1A. *Biodiversity Conservation Act 2016* offences\n\nAny simple offence under the *Biodiversity Conservation Act 2016*.\n\n[Clause 1A inserted: Gazette 14 Sep 2018 p. 3315.]\n\n1. *Criminal Code* offence\n\nThe offence under *The Criminal Code* section 338E (Stalking).\n\n[Clause 1 inserted: Gazette 9 Nov 2007 p. 5613.]\n\n2. *Environmental Protection Act 1986* offences\n\nAny simple offence under the *Environmental Protection Act 1986*.\n\n[Clause 2 inserted: Gazette 9 Nov 2007 p. 5613.]\n\n3. *Fish Resources Management Act 1994* offences\n\nAny simple offence under the *Fish Resources Management Act 1994*.\n\n[Clause 3 inserted: Gazette 9 Nov 2007 p. 5614.]\n\n4. *Liquor Control Act 1988* offences\n\nAny simple offence under the *Liquor Control Act 1988*.\n\n[Clause 4 inserted: Gazette 9 Nov 2007 p. 5614.]\n\n5. *Mines Safety and Inspection Act 1994* offences\n\nAny simple offence under the *Mines Safety and Inspection Act 1994*.\n\n[Clause 5 inserted: SL 2022/127 r. 4.]\n\n6. *Occupational Safety and Health Act 1984* offences\n\nAny simple offence under the *Occupational Safety and Health Act 1984*.\n\n[Clause 6 inserted: SL 2022/127 r. 4.]\n\n7. *Prostitution Act 2000* offence\n\nThe offence under the *Prostitution Act 2000* section 7 (Seeking to induce person to act as prostitute).\n\n[Clause 7 inserted: Gazette 9 Nov 2007 p. 5614.]\n\n8. *Restraining Orders Act 1997* offences\n\nThe offences under the following sections of the *Restraining Orders Act 1997* —\n\n(a) section 61(1) (Breaching a family violence restraining order or violence restraining order);\n\n(b) section 61(2a) (Breaching a police order).\n\n[Clause 8 inserted: Gazette 9 Nov 2007 p. 5614; amended: Gazette 27 Jun 2017 p. 3433.]\n\n9. *Road Traffic Act 1974* offence\n\nThe offence under the *Road Traffic Act 1974* section 59A (Dangerous driving causing bodily harm).\n\n[Clause 9 inserted: Gazette 9 Nov 2007 p. 5614.]\n\n10. *Work Health and Safety Act 2020* offences\n\nAny simple offence under the *Work Health and Safety Act 2020*.\n\n[Clause 10 inserted: SL 2022/27 r. 4(2).]\n\n![dline]()\n\nNotes\n\nThis is a compilation of the *Criminal Procedure Regulations 2005* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Criminal Procedure Regulations 2005* | 28 Apr 2005 p. 1441-82 | 2 May 2005 (see r. 2) |\n| *Criminal Procedure Amendment Regulations 2006* | 12 May 2006 p. 1784 | 31 May 2006 (see r. 2 and *Gazette* 30 May 2006 p. 1965) |\n| *Criminal Procedure Amendment Regulations (No. 2) 2006* | 14 Jul 2006 p. 2567‑9 | 14 Jul 2006 |\n| *Criminal Procedure Amendment Regulations (No. 3) 2006* | 14 Nov 2006 p. 4728-9 | 14 Nov 2006 |\n| *Criminal Procedure Amendment Regulations 2007* | 9 Nov 2007 p. 5611-14 | r. 1 and 2: 9 Nov 2007 (see r. 2(a));   Regulations other than r. 1 and 2: 10 Nov 2007 (see r. 2(b)) |\n| *Criminal Procedure Amendment Regulations (No. 2) 2007* | 13 Nov 2007 p. 5696 | 13 Nov 2007 (see note to r. 1) |\n| **Reprint 1: The *Criminal Procedure Regulations 2005* as at 8 Feb 2008** (includes amendments listed above) | | |\n| *Criminal Procedure Amendment Regulations 2008* | 16 May 2008 p. 1909-10 | r. 1 and 2: 16 May 2008 (see r. 2(a));   Regulations other than r. 1 and 2: 30 Sep 2008 (see r. 2(b) and *Gazette* 11 Jul 2008 p. 3253) |\n| *Criminal Procedure Amendment Regulations 2009* | 27 Feb 2009 p. 517-18 | r. 1 and 2: 27 Feb 2009 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Mar 2009 (see r. 2(b) and *Gazette* 27 Feb 2009 p. 511) |\n| *Criminal Procedure Amendment Regulations (No. 3) 2009* | 21 Apr 2009 p. 1368 | r. 1 and 2: 21 Apr 2009 (see r. 2(a));   Regulations other than r. 1 and 2: 22 Apr 2009 (see r. 2(b)) |\n| *Criminal Procedure Amendment Regulations (No. 2) 2009* | 8 May 2009 p. 1501-2 | r. 1 and 2: 8 May 2009 (see r. 2(a));   Regulations other than r. 1 and 2: 9 May 2009 (see r. 2(b)) |\n| *Criminal Procedure Amendment Regulations (No. 5) 2009* | 23 Jun 2009 p. 2467 | r. 1 and 2: 23 Jun 2009 (see r. 2(a));   Regulations other than r. 1 and 2: 24 Jun 2009 (see r. 2(b)) |\n| *Criminal Procedure Amendment Regulations (No. 4) 2009* | 26 Jun 2009 p. 2569 | r. 1 and 2: 26 Jun 2009 (see r. 2(a));   Regulations other than r. 1 and 2: 27 Jun 2009 (see r. 2(b)) |\n| **Reprint 2: The *Criminal Procedure Regulations 2005* as at 4 Sep 2009** (includes amendments listed above) | | |\n| *Criminal Procedure Amendment Regulations 2010* | 17 Sep 2010 p. 4758 | r. 1 and 2: 17 Sep 2010 (see r. 2(a));   Regulations other than r. 1 and 2: 18 Sep 2010 (see r. 2(b)) |\n| *Criminal Procedure Amendment Regulations 2011* | 1 Jul 2011 p. 2724 | r. 1 and 2: 1 Jul 2011 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2011 (see r. 2(b)) |\n| *Criminal Procedure Amendment Regulations (No. 3) 2011* | 27 Oct 2011 p. 4551‑2 | r. 1 and 2: 27 Oct 2011 (see r. 2(a));   Regulations other than r. 1 and 2: 28 Oct 2011 (see r. 2(b)) |\n| *Criminal Procedure Amendment Regulations (No. 4) 2011* | 23 Mar 2012 p. 1368‑9 | r. 1 and 2: 23 Mar 2012 (see r. 2(a));   Regulations other than r. 1 and 2: 24 Mar 2012 (see r. 2(b)) |\n| *Criminal Procedure Amendment Regulations 2012* | 22 Jun 2012 p. 2780‑1 | r. 1 and 2: 22 Jun 2012 (see r. 2(a));   Regulations other than r. 1 and 2: 23 Jun 2012 (see r. 2(b)) |\n| **Reprint 3: The *Criminal Procedure Regulations 2005* as at 7 Dec 2012** (includes amendments listed above) | | |\n| *Criminal Procedure Amendment Regulations 2013* | 30 Aug 2013 p. 4101 | r. 1 and 2: 30 Aug 2013 (see r. 2(a));   Regulations other than r. 1 and 2: 31 Aug 2013 (see r. 2(b)) |\n| *Criminal Procedure Amendment Regulations (No. 2) 2013* | 3 Sep 2013 p. 4148 | r. 1 and 2: 3 Sep 2013 (see r. 2(a));   Regulations other than r. 1 and 2: 4 Sep 2013 (see r. 2(b)) |\n| *Criminal Procedure Amendment Regulations 2014* | 26 Sep 2014 p. 3557‑9 | r. 1 and 2: 26 Sep 2014 (see r. 2(a));   Regulations other than r. 1 and 2: 27 Sep 2014 (see r. 2(b)) |\n| *Criminal Procedure Amendment Regulations (No. 2) 2015* | 10 Feb 2015 p. 599 | r. 1 and 2: 10 Feb 2015 (see r. 2(a));   Regulations other than r. 1 and 2: 27 Apr 2015 (see r. 2(b) and *Gazette* 17 Apr 2015 p. 1371) |\n| *Criminal Procedure Amendment Regulations (No. 2) 2016* | 24 Jun 2016 p. 2317 | r. 1 and 2: 24 Jun 2016 (see r. 2(a));   Regulations other than r. 1 and 2: 25 Jun 2016 (see r. 2(b)) |\n| *Criminal Procedure Amendment Regulations 2016* | 30 Sep 2016 p. 4173-4 | r. 1 and 2: 30 Sep 2016 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Oct 2016 (see r. 2(b)) |\n| *Attorney General Regulations Amendment (Electronic Processes) Regulations 2016* Pt. 3 | 2 Dec 2016 p. 5385-7 | 3 Dec 2016 (see r. 2(b)) |\n| *Attorney General Regulations Amendment (Associations Incorporation) Regulations 2016* Pt. 2 | 30 Dec 2016 p. 5965-6 | 31 Dec 2016 (see r. 2(b)) |\n| *Attorney General Regulations Amendment (Public Health) Regulations 2016* Pt. 2 | 10 Jan 2017 p. 173-6 | 24 Jan 2017 (see r. 2(b) and *Gazette* 10 Jan 2017 p. 165) |\n| *Attorney General Regulations Amendment (Travel Agents) Regulations 2016* Pt. 2 | 24 Jan 2017 p. 744‑5 | 25 Jan 2017 (see r. 2(b) and *Gazette* 24 Jan 2017 p. 741) |\n| *Attorney General Regulations Amendment (Family Violence Restraining Orders) Regulations 2017* Pt. 4 | 27 Jun 2017 p. 3432‑5 | 1 Jul 2017 (see r. 2(b)) |\n| *Attorney General Regulations Amendment Regulations 2017* Pt. 2 | 4 Aug 2017 p. 4313‑14 | 5 Aug 2017 (see r. 2(b)) |\n| *Criminal Procedure Amendment Regulations 2017* | 25 Aug 2017 p. 4568‑9 | r. 1 and 2: 25 Aug 2017 (see r. 2(a));   Regulations other than r. 1 and 2: 26 Aug 2017 (see r. 2(b)) |\n| *Criminal Procedure Amendment Regulations (No. 2) 2018* 4 | 26 Jun 2018 p. 2421‑4 | r. 1 and 2: 26 Jun 2018 (see r. 2(a));   Regulations other than r. 1 and 2: 27 Jun 2018 (see r. 2(b)) |\n| *Justice Regulations Amendment (Biodiversity Conservation) Regulations 2018* Pt. 2 | 14 Sep 2018 p. 3314-15 | 1 Jan 2019 (see r. 2(b) and *Gazette* 14 Sep 2018 p. 3305) |\n| *Justice Regulations Amendment (Road Passenger Services) Regulations 2019* Pt. 2 | 12 Feb 2019 p. 265‑6 | 13 Feb 2019 (see r. 2(b)) |\n| **Reprint 4: The *Criminal Procedure Regulations 2005* as at 10 May 2019** (includes amendments listed above) | | |\n| *Criminal Procedure Amendment Regulations (No. 2) 2019* | 23 Aug 2019 p. 3101‑2 | r. 1 and 2: 23 Aug 2019 (see r. 2(a));    Regulations other than r. 1 and 2: 24 Aug 2019 (see r. 2(b)) |\n| *Attorney General Regulations Amendment (Case Management System) Regulations 2019* Pt. 4 | 31 Dec 2019 p. 4669-73 | 1 Jan 2020 (see r. 2(b)) |\n| *Justice Regulations Amendment (Emergency Management) Regulations 2020* Pt. 2 | SL 2020/32 3 Apr 2020 | 4 Apr 2020 (see r. 2(b)) |\n| *Criminal Procedure Amendment Regulations 2020* | SL 2020/100 30 Jun 2020 | r. 1 and 2: 30 Jun 2020 (see r. 2(a));    Regulations other than r. 1 and 2: 1 Jul 2020 (see r. 2(b)) |\n| *Attorney General Regulations Amendment (High Risk Serious Offenders) Regulations 2020* Pt. 2 | SL 2020/236 4 Dec 2020 | 5 Dec 2020 (see r. 2(b)) |\n| *Attorney General Regulations Amendment (Forms) Regulations 2021* Pt. 3 | SL 2021/38 9 Apr 2021 | 10 Apr 2021 (see r. 2(b)) |\n| *Attorney General Regulations Amendment (Shipping and Pilotage) Regulations 2021* Pt. 2 | SL 2021/135   30 Jul 2021 | 31 Jul 2021 (see r. 2(b)) |\n| *Attorney General Regulations Amendment (Sunday Entertainments) Regulations 2021* Pt. 2 | SL 2021/136 30 Jul 2021 | 31 Jul 2021 (see r. 2(b)) |\n| *Criminal Procedure Amendment Regulations 2021* | SL 2021/149 27 Aug 2021 | r. 1 and 2: 27 Aug 2021 (see r. 2(a));   Regulations other than r. 1 and 2: 28 Aug 2021 (see r. 2(b)) |\n| *Criminal Procedure Amendment Regulations (No. 2) 2021* | SL 2021/154 10 Sep 2021 | r. 1 and 2: 10 Sep 2021 (see r. 2(a));   Regulations other than r. 1 and 2: 11 Sep 2021 (see r. 2(b)) |\n| *Attorney General Regulations Amendment (Residential Parks) Regulations 2021* Pt. 2 | SL 2021/174 8 Oct 2021 | 9 Oct 2021 (see r. 2(b)) |\n| *Criminal Procedure Amendment Regulations 2022* | SL 2022/8 28 Jan 2022 | r. 1 and 2: 28 Jan 2022 (see r. 2(a));   Regulations other than r. 1 and 2: 29 Jan 2022 (see r. 2(b)) |\n| *Attorney General Regulations Amendment (Security of Payment) Regulations 2022* Pt. 2 | SL 2022/14 11 Feb 2022 | 12 Feb 2022 (see r. 2(b)) |\n| *Attorney General Regulations Amendment (Work Health and Safety) Regulations 2022* Pt. 2 | SL 2022/27 11 Mar 2022 | 31 Mar 2022 (see r. 2(b) and SL 2022/18 cl. 2) |\n| *Criminal Procedure Amendment Regulations (No. 2) 2022* | SL 2022/126 5 Jul 2022 | r. 1 and 2: 5 Jul 2022 (see r. 2(a));   Regulations other than r. 1 and 2: 6 Jul 2022 (see r. 2(b)) |\n| *Criminal Procedure Amendment Regulations (No. 3) 2022* | SL 2022/127 5 Jul 2022 | r. 1 and 2: 5 Jul 2022 (see r. 2(a));   Regulations other than r. 1 and 2: 6 Jul 2022 (see r. 2(b)) |\n| *Attorney General Regulations Amendment (Electronic Processes) Regulations 2023* Pt. 3 | SL 2023/19 14 Mar 2023 | 15 Mar 2023 (see r. 2(b)) |\n| *Justice Regulations Amendment (Major Events) Regulations 2023* Pt. 2 | SL 2023/69 16 Jun 2023 | 17 Jun 2023 (see r. 2(b)) |\n| *Attorney General Regulations Amendment (Workers Compensation) Regulations (No. 2) 2024* Pt. 2 | SL 2024/29 7 Mar 2024 | 8 Mar 2024 (see r. 2(b)) |\n| *Attorney General Regulations Amendment (Short-Term Rental Accommodation) Regulations 2024* Pt. 2 | SL 2024/76 15 May 2024 | 16 May 2024 |\n| *Attorney General Regulations Amendment (Workers Compensation) Regulations 2024* Pt. 2 | SL 2024/132 26 Jun 2024 | 1 Jul 2024 (see r. 2(b)) |\n| *Attorney General Regulations Amendment (Medicines and Poisons) Regulations 2024* Pt. 2 | SL 2024/210 16 Oct 2024 | 17 Oct 2024 (see r. 2(b)) |\n| *Attorney General Regulations Amendment (Firearms) Regulations (No. 2) 2024* Pt. 2 | SL 2024/242 27 Nov 2024 | 28 Nov 2024 (see r. 2(b)) |\n| *Attorney General Regulations Amendment (Family Violence Reform) Regulations 2024* Pt. 3 | SL 2024/252 11 Dec 2024 | 18 Dec 2024 (see r. 2(b)) |\n| *Attorney General Regulations Amendment (Towing Services) Regulations 2024* Pt. 2 | SL 2024/260 11 Dec 2024 | 12 Dec 2024 (see r. 2(b)) |\n| *Attorney General Regulations Amendment (Gambling) Regulations 2025* Pt. 2 | SL 2025/2 8 Jan 2025 | 9 Jan 2025 (see r. 2(b)) |\n\n\nOther notes\n\n1 Repealed by the *Road Transport (General) Act 2005* (NSW).\n\n2 Repealed by the *Road Transport Legislation (Repeal and Amendment) Act 2013* (NSW).\n\n3 Repealed by the *Co-operatives Act 2009*.\n\n4 The *Criminal Procedure Amendment Regulations 2018* were repealed by the *Criminal Procedure Amendment Regulations (No. 2) 2018* regulation 9 before they came into operation, see *Gazette* 26 June 2018 p. 2421‑4.\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\napproved user 3(1)\n\nCEO 3(1)\n\nCPA 3(1)\n\nECMS 3(1)\n\nForm 3(1)\n\nlodge 3(1)\n\nproduce electronically 26(1A)\n\nremote communication 9(1)\n\nspecified document 13B(1)\n\ntrial date 21\n\n© State of Western Australia 2025.\n\nThis 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.\n\nAttribute work as: © State of Western Australia 2025.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulations' operational scope has been expanded since the original 2005 instrument. The text shows multiple later insertions and amendments that add electronic-process provisions (reg 4A, reg 4B inserted 2016; reg 5A inserted 2016), permit electronic incorporation of prosecution and service information (regs 13A inserted 2014; 13B inserted 2016), and introduce dedicated forms and procedures for bail-related applications in summary jurisdiction (reg 13C and Forms 5A, 5B, added 2020 and 2024). Schedules have also been extended repeatedly to prescribe many Acts for infringement processing and to add or re‑classify simple and listed simple offences (Schedule 1A, Schedules 3 & 4, with amendment annotations across years). Concretely, the changes broaden where and how documents can be lodged (ECMS), add new prescribed forms and electronic warrant issuance, and enlarge the lists of Acts and offences captured by CPA procedures (see regs 4A, 4B, 5A, 13A, 13B, 13C; Schedule 1A; Schedules 3 and 4)."},"complexity_factors":["Extensive cross-references to the Criminal Procedure Act 2004 and other written laws (many procedural hooks and exceptions across regs 8, 9, 14, 17, 30).","Large number of prescribed forms and detailed completion rules (Schedule 1 and regs 4, 5).","Multiple schedules listing Acts and offences with ongoing amendment history (Schedule 1A, Schedules 3 and 4).","Electronic processing framework layered onto paper procedures (ECMS authorisations reg 4A, electronic completion reg 4B, electronic warrants reg 5A, electronic service records regs 13A–13B).","Procedural timing rules with differing deadlines for different applications (regs 11, 14(3), 17, 30).","Discretionary administrative roles (CEO authorisations, registrars, magistrates) creating variable implementation pathways (reg 4A, regs 23, 9).","Specific admissibility consequences and verification steps for remote communications (reg 9(6)–(9))."],"plain_english_summary":"These regulations standardise court forms, filing methods and procedural rules for criminal matters under Western Australia’s Criminal Procedure Act 2004, and enable electronic lodgement and remote applications via the Electronic Case Management System (ECMS). They prescribe formats, timeframes, witness procedures, and how documents and warrants are verified and handled.\n\nThey affect courts and court officers, prosecutors, police, accused persons, witnesses and regulated businesses by imposing prescribed forms, electronic-authentication requirements and strict service/lodging timelines—shaping compliance costs, evidence risks and who must obtain ECMS access."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — no legislative text was available for analysis. The page returned only a system error message indicating the URL is no longer active."},"complexity_factors":["No legislative content was retrievable — the source URL returned a '404-style' page-not-found error","Unable to assess any substantive legal complexity without access to the actual text","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe page for the **Criminal Procedure Regulations 2005 (WA)** could not be retrieved. The link is broken or the page has been moved as part of a website upgrade by the Western Australian Parliamentary Counsel's Office.\n\n**What this means for you:** No substantive legal content was available for analysis. To find this legislation, try:\n- Visiting the [WA Legislation website](https://www.legislation.wa.gov.au) directly\n- Using the site's search function to locate the Criminal Procedure Regulations 2005\n- Contacting the Parliamentary Counsel's Office Helpdesk for assistance"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulations have expanded significantly beyond their original 2005 scope. Originally focused on basic forms and procedural mechanics, they now encompass: (1) extensive electronic court management systems (ECMS) introduced from 2016 onwards; (2) bail-related procedures specifically for the Bail Act 1982 (Division 1A added in 2020); (3) Commonwealth Crimes Act applications (Regulation 20A added in 2007); (4) High Risk Serious Offenders Act procedures (Regulation 32); and (5) a substantially expanded list of prescribed Acts for infringement notices (Schedule 1A grew from initial provisions to 40+ Acts including recent additions like the Towing Services Act 2024 and Short-Term Rental Accommodation Act 2024). The electronic processes components in particular represent a major shift from paper-based to digital court administration."},"complexity_factors":["Multiple cross-references to the Criminal Procedure Act 2004 and other legislation (Bail Act 1982, Evidence Act 1906, etc.) requiring readers to flip between statutes","14 prescribed forms in Schedule 1 with detailed completion instructions and notes, some spanning multiple pages with conditional fields","Nested conditional logic in Regulation 9 regarding arrest warrant applications (urgency requirements, remote communication exceptions, oath requirements, verification requirements)","Multiple schedules listing prescribed offences across various Acts (Schedules 1A, 3, and 4) that are amended frequently (Schedule 1A has been amended 20+ times since 2006)","Electronic processes integration (ECMS) creating parallel paper and electronic procedures with different requirements (e.g., Regulation 8(5) vs 8(6) for multiple accused)","Time-sensitive procedural requirements with exceptions (e.g., '3 clear working days' in Regulation 14(3) with court override power)","Specific formatting rules for documents (capitalisation, underlining, attachments) that are legally significant","Deleted and inserted regulations over time creating a fragmented legislative history visible in the compilation table"],"plain_english_summary":"These regulations set out the practical rules for how criminal cases are handled in Western Australian courts. They work alongside the Criminal Procedure Act 2004 to provide the 'nuts and bolts' of court processes.\n\n**Key things these regulations do:**\n\n*   **Forms and paperwork:** They prescribe the exact forms to use for arrests, bail applications, witness summonses, and other court documents (Schedule 1). They also set rules for how to fill them out — for example, underlining family names and capitalising names according to personal preference.\n*   **Electronic court processes:** They establish rules for the Electronic Case Management System (ECMS), allowing approved users to lodge documents electronically and enabling courts to issue warrants (arrest, remand, imprisonment) digitally.\n*   **Starting a prosecution:** They specify how prosecution notices must be formatted, including special rules for multiple charges or multiple accused persons.\n*   **Arrest warrants:** They detail how to apply for arrest warrants urgently, including by remote communication (phone, email, fax) when a magistrate isn't nearby, and what happens if evidence is obtained improperly under such warrants.\n*   **Witnesses:** They set out procedures for summoning witnesses to give evidence or produce documents, including early production of documents before trial dates and what happens if witnesses don't attend (arrest and potential imprisonment).\n*   **Applications to court:** They specify which applications can be made orally (like bail applications) and which need written forms lodged in advance (usually 3 clear working days before the hearing).\n*   **Categorising offences:** They list specific offences that are treated as 'simple offences' or 'listed simple offences' for procedural purposes — these include stalking, dangerous driving causing bodily harm, breaches of restraining orders, and various environmental and workplace safety offences.\n*   **Service of documents:** They specify what information must be recorded when court documents are served on people (the 'service certificate' details).\n\n**Who it affects:** Anyone involved in the Western Australian criminal justice system — police, prosecutors, defence lawyers, accused persons, witnesses, and court staff. It particularly matters for people representing themselves who need to know which forms to use and when.\n\n**Why it matters:** These regulations ensure criminal proceedings run smoothly and consistently across the state. They balance efficiency (through electronic processes) with protections for accused persons (through proper service requirements and warrant safeguards)."}},"importantCases":[],"_links":{"self":"/api/acts/criminal-procedure-regulations-2005","history":"/api/acts/criminal-procedure-regulations-2005/history","analysis":"/api/acts/criminal-procedure-regulations-2005/analysis","conflicts":"/api/acts/criminal-procedure-regulations-2005/conflicts","importantCases":"/api/acts/criminal-procedure-regulations-2005/important-cases","documents":"/api/acts/criminal-procedure-regulations-2005/documents"}}