In Western Australia, the filing of a prosecution notice with the court is the commencement of the prosecution of the charge against the accused.
An arrest which is the initial step that puts an end to a ministerial function and signaled the commencement of a judicial process is effected by virtue of a warrant issued by the magistrate court or made without a warrant in some circumstances where the warrant of arrest is dispensed with. It is a formal step in bringing the offender before the court to be duly dealt with according to the law.
In Western Australia, the filing of a prosecution notice with the court is the commencement of the prosecution of the charge against the accused. The filing of the prosecution notice implements the relevant provisions of the Criminal Procedure Act 2004 and an application by the accused of the issuance of the warrant of arrest are made under oath.
The magistrate court in Western Australia will issue a warrant of arrest which is usually directed to the police officers who shall implement the same. The police officer who will execute it is given the statutory protection against any criminal responsibility that may arise in the execution and implementation of the warrant like for instance when the person arrested is not the one being charged in court or a warrant was erroneously issued and considered wrong in law.
The Criminal Investigation Act 2006 is the statute that guides the police officers and others in Western Australia in making an arrest. Arrest made with or without a warrant has a statutory basis although there are elements of common law from which it is developed.
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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.