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An indictable offence is one which is usually tried and determined by the Supreme Court or the District Court.

There are, however, many indictable offences which can be tried by the Magistrate Court of Western Australia, and the proceeding is commenced also by the prosecution filing a prosecution notice in the same manner as in the non-indictable offence. At some point, the Magistrate Court will determine whether it should exercise its criminal jurisdiction and hear the matter using the summary procedure or alternatively determine the case by committal hearing.

The Criminal Procedure Act 2004 is the statute which governs the procedure in determining the issues is an indictable offence. The formal requirements of a prosecution notice and indictment are very well laid down by the aforementioned Act.

During the hearing, the accused is usually present especially at times when his presence is required. And in case of wanton absences and when his presence his required by the Court but he failed to appear, a warrant of arrest may be issued by the Court to secure his presence.

When the accused appeared on the initial stage of the committal hearing or proceeding resulting from the filing of the prosecution notice, the court must be satisfied that the accused understood the charge against him, and he was duly served with the prosecution notice as well as the primary purpose of the proceeding.

If it is shown that a summary procedure can be availed of and if the matter pertains to an either way offence, both parties can request that a summary procedure be done. The procedure in determining the matter is the same for a simple offence.

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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