C to P CRIM 2010/3 Circuit Hearings amended

21/05/2012 12:00:00 AM

In a recent circuit, two sentencing hearings had to be postponed because of the need to order the preparation of a pre sentence report.

Where a pre sentence report is not ordered in the Magistrates Court, and the practitioner considers that a pre sentence report is required, the practitioner may request the Court to order the preparation of a report The request should be made as soon as the need for a pre sentence report is identified. The request is to be in writing and may be faxed or emailed to the Court (districtcourt@justice.wa.gov.au Attention: Circuits Listing Coordinator). The request will be reviewed by a Judge or Criminal Commissioner. If a report is required, it will be ordered administratively without the need for a hearing. If the request is approved, and the timing of the request is such that the report ordered is not able to be provided prior to the scheduled Sentencing Hearing, the Court may indicate to the parties that the Sentencing Hearing will be a mention only.

The Court’s position is set out in the following amendment to Circular to Practitioners CRIM 2010/3 Circuit Hearings - Criminal, which was amended and reissued today.


Michael Gething
Commissioner/ Principal Registrar

21 May 2012

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