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Proceedings before the Magistrate Court of Western Australia is commenced by filing a prosecution notice by the Director of the Public Prosecution in accordance with the provisions of the Criminal Procedure Act 2004.

The prosecution notice must contain a specific provision of the criminal law being violated, clear description of the offence the accused has committed which will enable him to answer the charge against him. There is compliance with this requirement if the wordings of the statute or the law being violated was included in the complaint. The prosecution notice must also clearly describe the victim and the offender, their names and the place of the incident.

If, during the hearing on a non-indictable offence, the public prosecution failed to appear while the accused voluntarily appeared in court in compliance with the summon issued to him or was brought be virtue of a warrant of arrest, the complaint will be dismissed by the magistrate court or the hearing will be adjourned when it deemed proper to do so.

On the other hand, if the prosecution were present but the accused failed to appear despite proper notice, the magistrate court will hear and determine the complaint in the absence of the accused when it is fully satisfied that the accused was appropriately served with a notice or summon to appear. If the accused has signified in writing that he or she wished to plead guilty to the charge against him but failed to appear despite the receipt of the summon, judgment can be issued in his absence.

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Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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