Criminal Matters
The Magistrates Court deals with adults, aged 18 or over, required to appear in court after being charged with a criminal offence.
Minor criminal offences, known as 'simple offences', are dealt with in the Magistrates Court. More serious offences, known as 'indictable offences', begin in the Magistrates Court. While some of these serious offences (known as 'either way' offences) may be dealt with in the Magistrates Court, the most serious offences must be sent on to be heard in the District or Supreme courts.
There are several divisions within the Magistrates Court that deal with specific classes of offences and offenders, such as drug and family violence matters. These divisions have greater flexibility to introduce innovative procedures and sentencing.
Other useful websites include Legal Aid, Western Australia Police and the Department for Communities.
A self-help guide available on the Legal Aid website, contains information that may help you prepare for trial if you are pleading not guilty to a criminal offence in the Magistrates Court, and will not have a lawyer to represent you at trial.
Last updated: 14-Nov-2022
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Downloads
- Fact Sheet 37 - Contempt of court (PDF)
- Fact Sheet 41 - Summoning a witness in a criminal case (PDF)
- Fact Sheet 42 - Cross examination by an accused (PDF)
- Fact Sheet 43 - Spent conviction at the time of conviction (PDF)
- Fact Sheet 44 - Application to set aside a court decision (PDF)
- Fact Sheet 45 - Review of a Court Officer's Decision (PDF)
- Fact Sheet 48 - Enforcing a Criminal Compensation Order (PDF)
- Fact Sheet 51 - Written plea by accused (PDF)
- Form 3 - Prosecution notice (PDF)
- Form 3 - Prosecution notice (Word)
- Form 4 - Summons to the accused (PDF)
- Form 4 - Summons to the accused (Word)
- Form 5 - Court hearing notice (PDF)
- Form 5 - Court hearing notice (Word)
- Form 6 - Application in or after a prosecution (PDF)
- Form 6 - Application in or after a prosecution (Word)
- Form 7 - Application to set aside decision (PDF)
- Form 7 - Application to set aside decision (Word)
- Form 8 - Request person in custody be present to give evidence (PDF)
- Form 8 - Request person in custody be present to give evidence (Word)
- Form 9 - Application for witness summons (PDF)
- Form 9 - Application for witness summons (Word)
- Form 10 - Witness summons to give evidence (PDF)
- Form 10 - Witness summons to give evidence (Word)
- Form 11 - Witness summons to produce a record or thing (PDF)
- Form 11 - Witness summons to produce a record or thing (Word)
- Form 14 - Application for review of court officer's decision (PDF)
- Form 14 - Application for review of court officer's decision (Word)
- Form 23 - Application to amend/cancel CRO, CBO, ISO (PDF)
- Form 23 - Application to amend/cancel CRO, CBO, ISO (Word)
- Application for Correction of Sentence (PDF)
- Application for Correction of Sentence (Word)
- Approved notice that the accused does or does not have a criminal record (PDF)
- Approved notice of the prosecution's intent to tender an accused's criminal record (PDF)
- Approved notice of the prosecution's intent to tender an accused's criminal record (Word)
- General Form of Affidavit (PDF)
- General Form of Affidavit (Word)
- Loss of Earnings Application (PDF)
- Loss of Earnings Application (Word)
- Notice of the existence or non existence of confessional material (PDF)
- Notice of adjournment - No appearance by either party but plea received (PDF)
- Notice to attend court (Children's Court) (PDF)
- Request for administrative committal (PDF)
- Request for administrative committal (Word)
- Statutory Declaration - Employer Claim Form (PDF)
- Statutory Declaration - Employer Claim Form (Word)
- Statutory Declaration - Witness Loss of Income Claim Form (PDF)
- Statutory Declaration - Witness Loss of Income Claim Form (Word)