Criminal procedure western australia

  • What are criminal proceedings in the Australian court system?

    The Magistrate decides whether or not a person is guilty, and if appropriate, imposes a penalty.
    For more serious offences, trials take place in the District Court or the Supreme Court.
    The trial may be before a Judge alone, or a Judge and Jury, depending on the nature of the offence..

  • Criminal Law in WA is primarily governed by Criminal Procedure Act 2004, the Bail Act 1982, and the Sentencing Act 2004.
  • Who has the burden of proof? In a criminal trial, the burden of proof is on the prosecution.
    The prosecution must prove all elements of the offence beyond reasonable doubt.
    Generally, you do not need to prove your innocence.
168 Criminal records, proof of ; 169 Prosecution determined by court without jurisdiction ; 170 Exhibits, retention of etc. ; 171 Court to be open, publicity ; 172 
A criminal trial begins with the prosecution opening its case and outlining to the court what must be proven to establish guilt. The defence will then advise the court of any facts that are agreed between the parties, and where the defence's case diverges from that of the prosecution.

Overview of the legality and prevalence of abortions in Australia



Abortion in Australia is legal nationwide.
There are no federal abortion laws, and full decriminalisation of the practice has been enacted in all jurisdictions.
Access to abortion varies between the states and territories: surgical abortions are readily available on request within the first 22 to 24 weeks of pregnancy in most jurisdictions, and up to 16 weeks in Tasmania.
Later term abortions can be obtained with the approval of two doctors, although the Australian Capital Territory only requires a single physician's approval.

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