No Court fees in criminal cases. Court may order payment of witnesses for defence. Police and Resident Criminal Code. If a verdict is given for the defendant, or the plaintiff is nonsuited, or discontinues the action, or if, on demurrer or otherwise, judgment is given against the plaintiff, the defendant is entitled to full costs of action as between solicitor and client. 706. NO fees can be taken in any Court of criminal jurisdiction or before any justice from any person who is charged with an indictable offence for any proceeding had or taken in the Court or before the justice with respect to the charge. 707. THE Court may, in its discretion, make the like order for payment of the expenses of any witnesses bound by recognisance to appear on behalf of an accused person as if such witness were bound over on behalf of the prosecution, and any such payment is deemed to be part of the expenses of the prosecution. 708. ANY Police Magistrate or Resident Magistrate may Magistrates may act exercise alone any jurisdiction conferred by this Code on two justices in Petty Sessions. alone. Jurisdiction of one justice in certain circumstances. General may be Solicitor. 709. ANY one justice may exercise the jurisdiction of two justices under this Code whenever no other justice is permanently resident or can be found at the time within a distance of twenty miles; provided that the justice, on any conviction, certifies, in writing, that no other justice permanently resides or can be found within twenty miles. But no sentence of whipping inflicted by one justice may be inflicted until approved by the Governor. 710. IN the case of the absence of the Attorney General or of Powers of Attorney his inability to perform the duties of his office, or of a vacancy in the delegated to Crown office, the Crown Solicitor may exercise, perform, and discharge all the powers, duties, and functions which the Attorney General is required or able to perform or discharge under the provisions of this Code, and the warrant of the Governor directing the Crown Solicitor to exercise, perform, and discharge such powers, duties, and functions is conclusive evidence of the absence or inability of the Attorney General, or of a vacancy in the office, as the case may be. Copies of deposi tions to be allowed to persons committed for trial. Demand for copy to be made prior to commencement of sittings. 711. ANY person who is committed for trial or held to bail for any indictable offence is entitled to have on demand, from the person who has the lawful custody thereof, copies of the depositions of the witnesses on whose depositions he has been so committed or held to bail. Provided that, if the demand is not made before the day appointed for the commencement of the sittings of the Court at which the trial of the person on whose behalf the demand is made is Criminal Code. is to take place, he is not entitled to have any such copy unless the Judge is of opinion that the copy may be made and delivered without delay or inconvenience to the trial. The Court may postpone a trial on account of the accused person not having previously had a copy of the depositions. 712. ANY person who is tried for any offence is entitled, at the time of his trial, to inspect without fee all depositions or copies positions at trial. Inspection of deof depositions which have been taken against him and returned into the Court before which the trial is had. 713. THE Judges of the Supreme Court, or a majority of them, may make general rules prescribing forms of complaints, summonses, depositions, indictments, judgments, records, convictions, warrants, recognisances, and other proceedings, to be used in any Court, or before Justices in respect of any offences; and every form so prescribed is to be deemed sufficient for the purpose, and sufficiently to state the offence or matter for or in respect of which it is prescribed to be used. The Judges, or a majority of them, may also make General Rules not inconsistent with the provisions of this Code, regulating the proceedings upon the trial of persons charged with indictable offences, and the proceedings upon informations presented by leave of the Court. Forms of criminal proceedings. THE Criminal Code. . The Second Schedule. STATUTES OF THE REALM IN FORCE IN WESTERN AUSTRALIA. 31 Car. II., c. 2 An Act for the better securing the Section 7 Liberty of the Subject and for Preven SECOND Criminal Code. SECOND SCHEDULE-continued. STATUTES OF THE REALM IN FORCE IN WESTERN AUSTRALIA-continued. 12 Anne, St. 2, c. 18 13 Anne, c. 21 1 Geo. I., St. 2, c. 5 The whole An Act to prevent the throwing or firing The whole An Act for the more effectually suppres- An Act for the more effectual suppression An Act for punishing Accessories to The whole The whole Sections 8, 9, & 10 not The whole already repealed An Act for the preserving of all ships Section 5 to be forced on shore, or stranded upon the coasts of this Kingdom, or any other An Act for the preserving all such Ships Section 5 to be forced on shore or stranded upon An Act for preventing Tumults and riotous Geo. I., c. 12 Beginning with the words "An Act for 8 Geo. I., c. 22 Beginning with the words 8 Geo. I., c. 24 The not whole already repealed The whole Criminal Code. SECOND SCHEDULE--continued. STATUTES OF THE REALM IN FORCE IN Western AUSTRALIA—Continued. 9 Geo. II., c. 5 Beginning with the words "An Act to The whole 12 Geo. II, c. 28 13 Geo. II., c. 19 15 Geo. II., c. 13 15 Geo. II., c. 27 18 Geo. II., C. 27 18 Geo. II., c. 30 repeal the Statute made in the first Year |
