9. Specialised Procedures
PD 9.17
Supreme Court of Western Australia
Consolidated Practice Direction
granted (par 4.6(a)); and if granted
the Court Officer must
inform the nominated CRAD officer; and
(c)
and in every case, advise of any additional information
technology requirements (see pars 4.3(b) and 6.5).
4.8
The CRAD nominated officer must immediately upon receiving the
information under par 4.7 liaise with:
(a)
the relevant section of WA Police about the level of risk
associated with the proceedings; and
(b)
the allocated Judge so that any relevant approvals can be given
(see for example, par 5.5) and the
review proceedings can be
listed.
4.9
Unless otherwise ordered by the Judge and subject to par 4.10, the
CRAD nominated officer will arrange for:
(a)
the listing of the review proceeding in an appropriate
courtroom at an appropriate time;
(b)
authorised officers to be available to provide court and
custodial security, in addition to act as court officers if required
to be in attendance for the review proceedings;
(c)
relevant permissions for access to court custodial facilities if
required;
(d)
sufficient court security officers to be available at the court
building so that access and egress can be managed out of hours;
and
(e)
permission from the Judge for the
attendance at the review
proceedings of any court security or court officers that CRAD
proposes will be in attendance.
4.10 Unless the allocated Judge orders otherwise, a review proceeding will
be:
(a)
listed so that it is heard as soon as practicable; if possible no
later than 36 hours after the application is received; and
9. Specialised Procedures
PD 9.17
Supreme Court of Western Australia
Consolidated Practice Direction
(b)
in courtroom 2 or 3 at the Supreme
Court or in any criminal
court at the Central Law Courts.
4.11 As soon as the nominated CRAD officer has made the arrangements
under par 4.9, he or she will advise the Judge or the Judge's Associate
and the Court Officer. Unless the Judge directs otherwise:
(a)
the Court Officer must confirm with the police officer or his or
her representative:
(i)
the T(PD)A number for the proceedings and
(ii)
the name of the assigned Judge and the time and place for
the
hearing of the application;
(b)
the Court Officer must advise the detainee's legal representative
if any:
(i)
the T(PD)A number for the proceedings;
(ii)
the name of the assigned Judge and the time and place for
the hearing of the application; and
(iii)
confirm that he or she has been provided with a copy of
this Practice Direction by police.
(c)
the Judge's Associate must arrange for the appropriate
technology to be available for the review, including for the
proceedings to be recorded (pars 6.5 and 7.1) and, if required, to
enable any videotapes or recordings to be exhibited (par 4.3(b)),
and for the detainee to participate by remote communication
(par 4.7(b));
4.12 If a detainee is not legally represented, the police officer or his or legal
representative must inform the detainee and any person approved
under s 45(2) of the hearing time and place.
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