Sentencing Act 1995 (WA)

Western Australia Sentencing Act 1995 Western Australia Sentencing Act 1995 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Application of this Act 1 4A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 1 4. Terms used 1 5. Civil liability not affected 1 Part 2 — General matters Division 1 — Sentencing principles 6. Principles of sentencing 1 7. Aggravating factors 1 8. Mitigating factors 1 9AA. Plea of guilty, sentence may be reduced in case of 1 Division 2A — Sentencing where declared criminal organisations involved 9A. Terms used 1 9B. Application of this Division 1 9C. Principal objectives of sentencing for offences where declared criminal organisation involved 1 9D. Mandatory minimum sentences where declared criminal organisation involved 1 9E. Section 9D not applicable to persons aged under 18 1 9F. Further provisions relating to mandatory minimum sentences imposed under section 9D 1 9G. Eligibility for parole 1 Division 2 — Miscellaneous 9. Statutory penalty, effect of 1 10. Change of statutory penalty, effect of 1 11. Person not to be sentenced twice on same evidence 1 12. Common law bonds abolished 1 Part 3 — Matters preliminary to sentencing Division 1 — Preliminary 13. Term used: victim 1 Division 2 — General 14. Offender to be present for sentencing M 1 14A. Video link, use of for sentencing 1 15. Court may inform itself as it thinks fit 1 16. Adjourning sentencing 1 17. Court's powers on adjourning 1 18. Committal for sentence 1 Division 3 — Information about the offender 20. Pre‑sentence report, court may order 1 21. Pre‑sentence report, content of 1 22. Pre‑sentence report, preparation of 1 23. Offender's time in custody etc., information about 1 Division 4 — Information about victims etc. 23A. Terms used 1 24. Victim impact statement, who may give 1 25. Victim impact statement, content of 1 26. Court's functions in relation to victim impact statement 1 Division 5 — Mediation 27. Mediation report, court may order and receive 1 28. Mediation report, content of 1 29. Mediation report, preparation of 1 30. Mediation report, court's powers as to 1 Division 6 — Other pending charges 31. Term used: pending charge 1 32. Pending charges, offender may request court to deal with 1 33. Pending charges, court may deal with 1 Part 3A — Pre‑sentence order Division 1 — General 33A. When PSO may be made 1 33B. PSO, nature of 1 33C. Making a PSO 1 33D. PSO, standard obligations of 1 33E. PSO, primary requirements of 1 33F. Supervision requirement 1 33G. Programme requirement 1 33H. Curfew requirement 1 33HA. Electronic monitoring requirement 1 33I. Performance reports about offenders on PSOs 1 33J. Sentencing day, offender to be sentenced on etc. 1 33K. Sentencing offender after PSO 1 Division 2 — Amending and enforcing PSOs 33L. Term used: requirement 1 33M. Application to amend or cancel PSO 1 33N. Court may confirm, amend or cancel PSO 1 33O. Re‑offending while subject to PSO, consequences of 1 33P. Breach etc. of PSO, powers of CEO (corrections) and court 1 33Q. Facilitation of proof 1 Part 4 — The sentencing process 34. Explanation of sentence M 1 35. Reasons for imprisonment to be given in some cases 1 36. Warrant of commitment to be issued if imprisonment imposed 1 37. Correction of sentence 1 37A. Offender reneging on promise to assist authorities may be re‑sentenced 1 38. Imprisonment by JPs, magistrate to review 1 Part 5 — Sentencing options 39. Natural person, sentences for 1 40. Body corporate, sentences for 1 41. If statutory penalty is imprisonment only: sentencing options 1 42. If statutory penalty is imprisonment and fine: sentencing options 1 43. If statutory penalty is imprisonment or fine: sentencing options 1 44. If statutory penalty is fine only: sentencing options 1 45. Spent conviction order, making and effect of 1 Part 6 — Release of offender without sentence 46. Release without sentence 1 Part 7 — Conditional release order 47. When CRO may be imposed 1 48. CRO, nature of 1 49. CRO, requirements of 1 50. Court may direct offender to re‑appear 1 51. Ensuring compliance with CRO 1 52. Enforcing CRO 1 Part 8 — Fine 53. Considerations when imposing fine 1 54. One fine for 2 or more offences 1 55. Apportionment of fine between joint offenders 1 56. Assault victim may be awarded fine 1 57. Enforcement of fine 1 57A. Enforcement of fine by means of WDO 1 57B. Court may cancel s. 57A order on application of Fines Enforcement Registrar 1 58. Imprisonment until fine paid 1 59. Imprisonment if fine not paid 1 60. Application of fine etc. 1 Part 8A — Suspended fine 60A. When fine may be suspended 1 60B. Effect of suspending fine 1 60C. Re‑offender may be dealt with or committed 1 60D. Alleging re‑offending in court 1 60E. How re‑offender to be dealt with 1 Part 9 — Community based order 61. Pre‑sentence report optional before imposing CBO 1 62. CBO, nature of 1 63. CBO, standard obligations of 1 64. CBO, primary requirements of 1 65. Supervision requirement 1 66. Programme requirement 1 67. Community service requirement 1 67A. Electronic monitoring requirement 1 Part 10 — Intensive supervision order 68. Pre‑sentence report mandatory before imposing ISO 1 69. ISO, nature of 1 70. ISO, standard obligations of 1 71. Supervision requirement 1 72. ISO, primary requirements of 1 73. Programme requirement 1 74. Community service requirement 1 75. Curfew requirement 1 76A. Electronic monitoring requirement 1 Part 11 — Suspended imprisonment 76. When imprisonment may be suspended 1 77. Effect of suspending imprisonment 1 78. Re‑offender may be dealt with or committed 1 79. Re‑offending, alleging in court 1 80. How re‑offender to be dealt with 1 Part 12 — Conditional suspended imprisonment Division 1 — Imposition and effect of CSI 81. Certain courts may suspend imprisonment conditionally 1 82. Effect of CSI 1 83. CSI, standard obligations of 1 84. CSI, primary requirements of 1 84A. Programme requirement 1 84B. Supervision requirement 1 84C. Curfew requirement 1 84CA. Electronic monitoring requirement 1 Division 2 — Consequences of re‑offending 84D. Re‑offender may be dealt with or committed 1 84E. Re‑offending, alleging in court 1 84F. How re‑offender to be dealt with 1 Division 3 — Amending, cancelling and enforcing CSI requirements 84G. Term used: CSI requirement 1 84H. Application to amend or cancel CSI requirement 1 84I. Court may confirm, amend or cancel CSI requirement 1 84J. Breach of CSI requirement, offence 1 84K. Offence under s. 84J, procedure and penalty for 1 84L. Additional powers to deal with s. 84J offender 1 84M. Facilitation of proof 1 Division 4 — Functions of speciality courts as to CSI 84N. Application of this Division 1 84O. Speciality court may direct offender on CSI to appear 1 84P. Speciality court to deal with re‑offender 1 84Q. Speciality court to deal with application to amend or cancel CSI 1 84R. Speciality court to deal with proceedings for breaches 1 Part 13 — Imprisonment Division 1 — Preliminary 85. Terms used and calculations 1 Division 2 — Imposing imprisonment 86. Term of 6 months or less not to be imposed 1 87. Time on remand may be taken into account 1 88. Concurrent, cumulative or partly cumulative terms 1 89. Parole eligibility order, court may make 1 90. Life imprisonment for murder, imposing 1 Division 3 — Release from imprisonment 93. Release from parole term 1 94A. Release on parole of prisoners subject to Prisoners (Interstate Transfer) Act 1983 1 94. Aggregation of parole terms for certain purposes 1 95A. Eligibility for parole where certain mandatory minimum sentences imposed 1 95. Release from fixed term that is not parole term 1 96. Release from life imprisonment 1 Division 4 — Miscellaneous 97. Sentence Administration Act 2003, operation of 1 97A. Declaration of serious offence for purposes of High Risk Serious Offenders Act 2020 and Sentence Administration Act 2003 Part 5A 1 Part 14 — Indefinite imprisonment 98. Indefinite imprisonment, superior court may impose 1 99. Other terms not precluded by indefinite imprisonment 1 100. When indefinite imprisonment commences 1 101. Release from indefinite imprisonment 1 Part 15 — Other orders forming part of a sentence Division 1 — General matters 102. General provisions 1 103. Disqualification order, calculation of term of 1 104. Disqualification may be for life 1 Division 2 — Disqualification orders 105. Driver's licence disqualification 1 106. Firearms licence etc. disqualification 1 107. Marine qualification disqualification 1 108. Passport, surrender of etc. 1 Part 16 — Reparation orders Division 1 — General matters 109. Term used: reparation order 1 110. General provisions 1 111. Making a reparation order 1 112. Facts relevant to making reparation order 1 113. Victim's behaviour and relationship relevant 1 114. Civil standard of proof applies 1 114A. Victim may appeal against refusal of reparation order 1 115. Effect of reparation order on civil proceedings etc. 1 Division 2 — Compensation order 116. Terms used 1 117. Compensation order in favour of victim 1 118. Compensation order in favour of third party 1 119. Enforcing compensation order 1 119A. Imprisonment until compensation paid, court may order 1 Division 3 — Restitution order 120. Making restitution order 1 120A. Enforcing restitution order, Sheriff's powers for 1 121. Enforcing restitution order, court's powers for 1 122. Non‑compliance with restitution order, offence 1 Part 17 — Other orders and declarations not forming part of a sentence Division 1 — Preliminary 123. General provisions 1 Division 2 — Orders made under other Acts 124. Restraining Orders Act 1997 s. 63 restraining order, s. 123 applies to 1 124A. Community Protection (Offender Reporting) Act 2004 s. 13 offender reporting order, s. 123 applies to 1 124B. Prohibited Behaviour Orders Act 2010 prohibited behaviour order, s. 123 applies to 1 124C. Orders under Criminal Organisations Control Act 2012 1 Division 3 — Declarations 124D. Terms used 1 124E. Serial family violence offenders 1 124F. Serial family violence offender declaration — related matters 1 124G. Disqualification if declaration made 1 Part 18 — Amending and enforcing conditional release orders and community orders Division 1 — Preliminary 125. Term used: requirements; and interpretation 1 Division 2 — Amending or cancelling conditional release orders and community orders 126. Application to amend or cancel 1 127. Court may confirm, amend or cancel 1 Division 3 — Re‑offending while subject to a conditional release order or a community order 128. Re‑offender may be dealt with or committed 1 129. Re‑offending, alleging in court 1 130. How re‑offender may be dealt with 1 Division 4 — Breaching a conditional release order or a community order 131. Breach of requirement, offence 1 132. Offence under s. 131, procedure and penalty for 1 133. Additional powers to deal with s. 131 offender 1 Division 5 — Miscellaneous 134. Facilitation of proof 1 135. Compliance with CRO or community order to be taken into account 1 136. Re‑sentencing, court's powers for 1 Division 6 — Functions of speciality courts 136A. Application of Division 1 136B. Term used: court 1 136C. Court may direct offender on community order to appear 1 136D. Court to deal with re‑offender 1 136E. Court to deal with application to amend or cancel community order 1 136F. Court to deal with proceedings for breaches 1 Part 18A — Review of conditional orders 136G. Terms used 1 136H. Application to review 1 136I. Court may confirm, amend or cancel 1 Part 19 — Royal Prerogative of Mercy 137. Royal Prerogative of Mercy not affected 1 138. Pardon, effect of 1 139. Order to pay money, Governor may remit 1 140. Petition for mercy may be referred to Court of Appeal 1 141. Offender may be paroled 1 142. Strict security life imprisonment, exercise of Prerogative in case of 1 Part 20 — Miscellaneous 143. Guideline judgments by Court of Appeal 1 143A. Sentencing guidelines for courts of summary jurisdiction 1 144. Chief Justice may report to Parliament 1 145. Non-compliance with procedural requirements, effect of 1 145A. Existence of circumstances of aggravation is question for judge to determine 1 146. Questions of fact in superior courts 1 147. Operation of other Acts not affected 1 147A. Monitoring requirements: additional provisions 1 148. Regulations 1 149. Rules of court 1 Part 21 — Transitional and review provisions 150A. Sentencing Amendment Act 2012 amendments, application of 1 150AB. Application of Sentencing Legislation Amendment Act 2016 amendments about circumstances of aggravation 1 150B. Review of s. 9AA 1 150. Review of Act 1 151. Review of amendments made by Family Violence Legislation Reform Act 2020 1 Schedule 1A — Relevant indictable and simple offences for purposes of Part 2 Division 2A Part 1 — Relevant indictable offences Part 2 — Relevant simple offences Schedule 1 — Acts, fines under which are not to be credited to the Consolidated Account Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Sentencing Act 1995 An Act to consolidate and amend the law relating to the sentencing of offenders.