❓ Hon Nick Goiran asks about the catalyst, consultation process, and concerns regarding amendments to Criminal Procedure Regulations enabling electronic plea submissions via the eCourts Portal. The Attorney General responds that the amendments aim to modernise the process, improve efficiency, and that no concerns were raised during consultation.
AnsweredQoN 826Legislative Council
QuestionView source ↗
I refer to the Criminal Procedure Amendment Regulations
(No. 2) 2022 , and I ask: (a) what
was the catalyst for bringing about these amendments to the regulations; (b) who
was consulted prior to these amendment regulations being finalised; (c) did
any person consulted raise any concerns; (d) if
yes to (c), what were these concerns; (e) have
the finalised amendment regulations addressed these concerns; and (f) if
no to (e), why not?
(No. 2) 2022 , and I ask: (a) what
was the catalyst for bringing about these amendments to the regulations; (b) who
was consulted prior to these amendment regulations being finalised; (c) did
any person consulted raise any concerns; (d) if
yes to (c), what were these concerns; (e) have
the finalised amendment regulations addressed these concerns; and (f) if
no to (e), why not?
AnswerView source ↗
Answered
21 September 2022
Responded by
Parliamentary Secretary representing the Attorney General
Response time
9 days
(a) The eCourts Portal of Western Australia (eCourts Portal) was implemented by the Department of Justice (the Department) to enable users to register and facilitate the filing and lodgment of court documents. Previously, in the criminal jurisdiction of the Magistrates Court, if an accused person was served with a prescribed Form 5 – Court Hearing Notice (CHN), they could record a written guilty or not guilty plea on the CHN and return it to the court for the magistrate to consider on the hearing date. This could only be done either by post or in person to the court, at least three days prior to the hearing date. These amendments allow for an accused person to record a written plea on the CHN electronically, through the eCourts Portal, in line with other documents that can already be provided through this means. The option to record a plea electronically is not mandatory, it is at the accused person’s discretion as to whether they facilitate the process via this means in lieu of the pre-existing options.
Lodgment of the plea through the eCourts Portal is immediate and diminishes the risk of the endorsed CHN being potentially lost or delayed in the post, or not being received and/or processed by the court prior to the hearing date. The amendments assist the Department to meet demand, make the process of lodging a written plea more efficient and accessible, and support the ongoing modernisation of the Department.
(b) Consultation occurred with the Chief Magistrate, and the Magistrates Court and Tribunals Directorate of the Department.
(c) Each person consulted during the drafting exercise was able to provide feedback, comments and suggestions. No concerns were raised.
(d) None to note.
(e) - (f) Not applicable.
Lodgment of the plea through the eCourts Portal is immediate and diminishes the risk of the endorsed CHN being potentially lost or delayed in the post, or not being received and/or processed by the court prior to the hearing date. The amendments assist the Department to meet demand, make the process of lodging a written plea more efficient and accessible, and support the ongoing modernisation of the Department.
(b) Consultation occurred with the Chief Magistrate, and the Magistrates Court and Tribunals Directorate of the Department.
(c) Each person consulted during the drafting exercise was able to provide feedback, comments and suggestions. No concerns were raised.
(d) None to note.
(e) - (f) Not applicable.
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