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Western Australia
Sentencing Legislation Amendment Bill 2004
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Amendments about suspended
imprisonment
Division 1 -- Sentencing Act 1995 amended
3. The Act amended by this Division 3
4. Section 80 amended 3
5. Part 12 inserted 3
6. Consequential amendments 22
7. Section 84D amended 23
8. Section 84E amended 23
Division 2 -- Sentence Administration Act 2003
amended
9. The Act amended by this Division 23
10. Section 4 amended 24
11. Section 77 amended 24
12. Minor consequential amendments 24
Part 3 -- Amendments to other Acts
13. Bail Act 1982 amended 26
14. Children's Court of Western Australia Act 1988
amended 26
15. Criminal Investigation (Identifying People) Act 2002
amended 27
16. Prisons Act 1981 amended 27
17. Young Offenders Act 1994 amended 27
316--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Sentencing Legislation Amendment Bill 2004
A Bill for
An Act to amend the Sentencing Act 1995 and the Sentence
Administration Act 2003 and to make consequential amendments to
other Acts.
The Parliament of Western Australia enacts as follows:
page 1
Sentencing Legislation Amendment Bill 2004
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Sentencing Legislation Amendment
Act 2004.
5 2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
page 2
Sentencing Legislation Amendment Bill 2004
Amendments about suspended imprisonment Part 2
Sentencing Act 1995 amended Division 1
s. 3
Part 2 -- Amendments about suspended imprisonment
Division 1 -- Sentencing Act 1995 amended
3. The Act amended by this Division
The amendments in this Division are to the Sentencing
5 Act 1995*.
[* Reprint 3 as at 10 October 2003.
For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 349 and
Acts Nos. 50 of 2003 and 4 of 2004.]
10 4. Section 80 amended
Section 80(1)(b) is amended by inserting after "suspended" --
" (even if the period to be served is 6 months or less) ".
5. Part 12 inserted
After section 80 the following Part is inserted --
15 "
Part 12 -- Conditional suspended imprisonment
Division 1 -- Imposition and effect of CSI
81. Certain courts may suspend imprisonment
conditionally
20 (1) A prescribed court that sentences an offender to a term
of imprisonment, or to an aggregate of terms of
imprisonment, of 60 months or less may order that the
whole of the term or terms be suspended for a period
set by the court, but not more than 24 months, subject
25 to the following conditions --
(a) the standard obligations in section 83; and
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Part 2 Amendments about suspended imprisonment
Division 1 Sentencing Act 1995 amended
s. 5
(b) one or more of the primary requirements in
section 84, as decided by the court.
(2) CSI is not to be imposed unless imprisonment for a
term or terms equal to that suspended would, if it were
5 not possible to suspend imprisonment, be appropriate
in all the circumstances.
(3) CSI is not to be imposed if --
(a) the offence was committed when the offender
was subject to an early release order; or
10 (b) the offender is serving or is yet to serve a term
of imprisonment that is not suspended.
(4) In subsection (3)(a) --
"early release order" means --
(a) a parole order, home detention order, or
15 work release order, made under the Sentence
Administration Act 1995; or
(b) a parole order, or re-entry release order,
made under the Sentence Administration
Act 2003.
20 (5) Subsection (1) does not prevent a prescribed court from
imposing suspended imprisonment under Part 11.
82. Effect of CSI
(1) An offender sentenced to CSI is not to serve any part of
the imprisonment that is suspended unless a court
25 makes an order under section 84F or 84L.
(2) The suspension period begins on the day on which the
sentence is imposed.
(3) If during the suspension period an offender is
sentenced to imprisonment for another offence that was
30 not committed during the suspension period, the
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Sentencing Legislation Amendment Bill 2004
Amendments about suspended imprisonment Part 2
Sentencing Act 1995 amended Division 1
s. 5
suspension period continues to elapse while the
offender is serving that sentence.
(4) An offender who is sentenced to CSI is to be taken to
be discharged from the sentence at the end of the
5 suspension period.
(5) Subsection (4) does not affect the operation of
subsection (1) or sections 84D to 84F.
(6) For the purposes of a law other than this Part and
Parts 11 and 13, a sentence of CSI is to be taken as
10 being a sentence of imprisonment.
83. CSI: standard obligations
(1) The standard obligations of CSI are that the
offender --
(a) must report to a community corrections centre
15 within 72 hours after being released by the
court, or as otherwise ordered by the speciality
court or a CCO;
(b) must notify a CCO of any change of address or
place of employment within 2 clear working
20 days after the change, or as otherwise ordered
by the speciality court;
(c) must not leave Western Australia except with,
and in accordance with, the permission of the
speciality court or the CEO; and
25 (d) must comply with section 76 of the Sentence
Administration Act 2003.
(2) The references to the speciality court in this section and
sections 84A and 84C only have effect if Division 4
applies and are references to the speciality court
30 referred to in section 84N(1)(a) or (b).
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Sentencing Legislation Amendment Bill 2004
Part 2 Amendments about suspended imprisonment
Division 1 Sentencing Act 1995 amended
s. 5
84. CSI: primary requirements
CSI must contain at least one of these primary
requirements --
(a) a programme requirement under section 84A;
5 (b) a supervision requirement under section 84B;
(c) a curfew requirement under section 84C.
84A. Programme requirement
(1) The purpose of a programme requirement is --
(a) to allow for any personal factors which
10 contributed to the offender's criminal behaviour
to be assessed; and
(b) to provide an opportunity for the offender to
recognise, to take steps to control and, if
necessary, to receive appropriate treatment for
15 those factors.
(2) The programme requirement is a requirement that the
offender must obey the orders of the speciality court or
a CCO as to --
(a) undergoing assessment by a medical
20 practitioner, a psychiatrist, a psychologist or a
social worker, or more than one of them and, if
necessary, appropriate treatment;
(b) undergoing assessment and, if necessary,
appropriate treatment in relation to the abuse of
25 alcohol, drugs or other substances;
(c) attending educational, vocational, or personal
development programmes or courses;
(d) residing at a specified place for the purposes of
any of the matters in paragraphs (a), (b) or (c);
30 (e) more than one of the above.
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Amendments about suspended imprisonment Part 2
Sentencing Act 1995 amended Division 1
s. 5
(3) The speciality court or a CCO must not order the
offender to undergo treatment of any sort unless a
person qualified to recommend or administer the
treatment has recommended that the offender undergo
5 such treatment.
(4) A person is not to administer treatment of any sort
mentioned in subsection (2) to the offender without the
informed consent of the offender.
(5) The requirements of a programme requirement
10 imposed as a condition of CSI are additional to the
requirements of any other programmed requirement
applicable to the offender under a community order or
a PSO.
(6) A programme requirement ceases to be in force when
15 the speciality court or a CCO gives the offender notice
to that effect, or when the suspension period ends,
whichever happens first.
(7) A CCO must not give notice unless satisfied that the
offender has complied with the programme
20 requirement.
84B. Supervision requirement
(1) The purpose of a supervision requirement is to allow
for the offender to be regularly monitored in the
community, and to receive regular counselling, in a
25 way and to an extent decided by a CCO, for the
purpose of either or both --
(a) rehabilitating the offender;
(b) ensuring the offender complies with any
direction given by the court when imposing the
30 requirement.
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Part 2 Amendments about suspended imprisonment
Division 1 Sentencing Act 1995 amended
s. 5
(2) The supervision requirement is a requirement that the
offender must contact a CCO, or receive visits from a
CCO, as ordered by a CCO.
(3) When imposing a supervision requirement, a court may
5 give any directions it decides are necessary to secure
the good behaviour of the offender but the court is not
to make a direction --
(a) the effect of which could be achieved by
imposing a programme requirement; or
10 (b) that requires the offender to pay compensation
or make restitution to any person.
(4) Unless a CCO orders otherwise, while the offender is
subject to a supervision requirement the offender must
contact a CCO at least once in any period of 28 days.
15 (5) If the offender does not comply with subsection (4), the
offender is to be taken to have breached the supervision
requirement.
(6) A supervision requirement ceases to be in force when
the suspension period ends.
20 (7) Subsection (3)(b) does not prevent a court from making
a reparation order under Part 16
84C. Curfew requirement
(1) The purposes of the curfew requirement are --
(a) to allow for the movements of the offender to
25 be restricted during periods when there is a
high risk of the offender offending; and
(b) to subject the offender to short periods of
detention at the place where the offender lives
or at some other specified place.
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Amendments about suspended imprisonment Part 2
Sentencing Act 1995 amended Division 1
s. 5
(2) The curfew requirement is a requirement that the
offender --
(a) must remain at a specified place (the "specified
place"), for specified periods, subject to
5 subsection (8); and
(b) must submit to surveillance or monitoring as
ordered by a speciality court or a CCO.
(3) The term of a curfew requirement must be set by the
court when it imposes the requirement, but the
10 requirement must not be imposed so as to result in a
curfew requirement being in force, whether under a
sentence of CSI or an ISO or a PSO, for a continuous
period that exceeds 6 months.
(4) The term of a curfew is concurrent with the term of any
15 other curfew requirement applicable to the offender
under another sentence of CSI or an ISO or a PSO,
unless the court orders otherwise.
(5) At any one time the aggregate of the unexpired terms
of curfew requirements applicable to the offender
20 under sentences of CSI or ISOs or PSOs must not
exceed 6 months.
(6) The court may give directions as to the periods when
the offender ought to be subject to a curfew.
(7) The offender is not to be ordered by a CCO to remain
25 at a place for periods that amount to less than 2 or more
than 12 hours in any one day.
(8) The offender may only leave the specified place during
a specified period --
(a) to do community corrections activities as
30 required under this Act or the Sentence
Administration Act 2003;
(b) to obtain urgent medical or dental treatment for
the offender;
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Part 2 Amendments about suspended imprisonment
Division 1 Sentencing Act 1995 amended
s. 5
(c) for the purpose of averting or minimising a
serious risk of death or injury to the offender or
to another person;
(d) to obey an order issued under a written law
5 (such as a summons) requiring the offender's
presence elsewhere;
(e) for a purpose approved of by a CCO; or
(f) on the order of a CCO.
(9) The curfew requirement ceases to be in force when its
10 term ends, or when the suspension period ends,
whichever happens first.
(10) Without limiting the means by which the offender may
be kept under surveillance or monitored, the speciality
court or a CCO may, for the purposes of
15 subsection (2)(b), order the offender --
(a) to wear any device; or
(b) to permit the installation of any device or
equipment at the place where the offender lives.
(11) A CCO may give such reasonable directions to the
20 offender as are necessary for the proper administration
of the curfew requirement.
(12) Without limiting subsection (11), if the offender is
authorised under subsection (8) to leave the specified
place, a CCO may give directions as to --
25 (a) when the offender may leave;
(b) the period of the authorised absence;
(c) when the offender must return;
(d) the method of travel to be used by the offender
during the absence; and
30 (e) the manner in which the offender must report
the offender's whereabouts.
page 10
Sentencing Legislation Amendment Bill 2004
Amendments about suspended imprisonment Part 2
Sentencing Act 1995 amended Division 1
s. 5
(13) To ascertain whether or not the offender is complying
with the curfew requirement, a CCO may, at any
time --
(a) enter or telephone the specified place;
5 (b) enter or telephone the offender's place of
employment or any other place where the
offender is authorised or required to attend; or
(c) question any person at any place referred to in
paragraph (a) or (b).
10 (14) A person must not --
(a) hinder a person exercising powers under
subsection (13); or
(b) fail to answer a question put pursuant to
subsection (13)(c) or give an answer that the
15 person knows is false or misleading in a
material particular.
Penalty: $2 000 and imprisonment for 12 months.
(15) In this section --
"specified" means specified by the speciality court or
20 the CEO from time to time.
Division 2 -- Consequences of re-offending
84D. Re-offender may be dealt with or committed
(1) Subject to section 84P(1), if a court convicts a person
of an offence the statutory penalty for which is or
25 includes imprisonment and that offence was committed
during the suspension period of CSI imposed on the
person in relation to another offence, the court --
(a) if it is a court of petty sessions, must deal with
the person under section 84F unless the CSI
30 was imposed --
(i) by the Children's Court for an indictable
offence; or
page 11
Sentencing Legislation Amendment Bill 2004
Part 2 Amendments about suspended imprisonment
Division 1 Sentencing Act 1995 amended
s. 5
(ii) by a superior court,
in which case the court must commit the person
to the court that imposed the CSI and that court
must deal with the person under section 84F;
5 (b) if it is the District Court, must deal with the
person under section 84F unless the CSI was
imposed by the Children's Court or the
Supreme Court for an offence which the
District Court would not have jurisdiction to
10 deal with if it were committed by an adult, in
which case the Court must commit the person
to the court that imposed the CSI and that court
must deal with the person under section 84F; or
(c) if it is the Children's Court or the Supreme
15 Court, must deal with the person under
section 84F.
(2) The powers in subsection (1) may be exercised by a
court at any time, even if the suspension period has
ended.
20 (3) Subsection (1) does not affect the powers of the court
that convicts the person of the offence committed
during the suspension period to deal with the person for
that offence.
(4) A court that under subsection (1) commits a person to
25 another court must certify that the person has been
convicted of an offence committed during the
suspension period.
(5) A certificate by a court under subsection (4) is, in the
absence of evidence to the contrary, evidence of its
30 contents.
84E. Complaint alleging re-offending
(1) If a person has been convicted and dealt with (in this
State or elsewhere) for an offence the statutory penalty
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Sentencing Legislation Amendment Bill 2004
Amendments about suspended imprisonment Part 2
Sentencing Act 1995 amended Division 1
s. 5
for which is or includes imprisonment and that offence
was committed during the suspension period of CSI
imposed on the person in relation to another offence,
then a complaint may be made alleging those matters.
5 (2) The complaint may be made at any time up until
2 years after the suspension period has ended.
(3) The complaint may be made by any person.
(4) The complaint must be made in writing before a justice
who may issue a summons or, if the complaint is on
10 oath, a warrant to have the person arrested.
(5) Subject to section 84P(3), the complaint must be filed
with, and the summons must direct the person to
appear before, or the warrant must direct that the
offender be brought before --
15 (a) the court that imposed the CSI, if the Children's
Court or a superior court imposed the CSI; or
(b) a court of petty sessions, if the CSI was
imposed by such a court.
(6) The summons must be served on the person personally
20 or left at the place where the person was last known to
be living.
(7) If a person does not appear in answer to the summons
the court concerned may issue a warrant to have the
person arrested and brought before it.
25 (8) A person who appears before a court as a result of the
summons or warrant must be dealt with by the court
under section 84F.
84F. How re-offender to be dealt with
(1) If satisfied that a person has been convicted (in this
30 State or elsewhere) of an offence the statutory penalty
for which is or includes imprisonment and that the
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Part 2 Amendments about suspended imprisonment
Division 1 Sentencing Act 1995 amended
s. 5
offence was committed during the suspension period of
CSI, a court that must deal with the person under this
section must deal with the person by one of the
following methods --
5 (a) unless an order under this paragraph,
paragraph (b) or section 84L(1)(a) or (b) has
already been made, it may order the person to
serve the term or terms of imprisonment that
were suspended;
10 (b) unless an order under this paragraph,
paragraph (a) or section 84L(1)(a) or (b) has
already been made, it may order the person to
serve part of the term or terms of imprisonment
that were suspended (even if the period ordered
15 to be served is 6 months or less);
(c) unless the suspension period has ended, it may
substitute another suspension period of not
more than 24 months for the suspension period
originally set; the new suspension period to
20 begin on the day it is substituted;
(d) it may fine the person not more than $6 000 and
make no order in respect of the CSI.
(2) The powers in subsection (1) may be exercised as often
as is necessary.
25 (3) A court must make an order under subsection (1)(a)
unless it decides that it would be unjust to do so in
view of all the circumstances that have arisen, or have
become known, since the CSI was imposed.
(4) If a court does not make an order under
30 subsection (1)(a) it must state its reasons for not doing
so.
page 14
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Amendments about suspended imprisonment Part 2
Sentencing Act 1995 amended Division 1
s. 5
(5) If under subsection (1)(a) or (b) a court orders a person
to serve a term, or part of a term, of imprisonment that
was suspended --
(a) section 88 applies in respect of the term to be
5 served; and
(b) the court may make a parole eligibility order
under section 89,
as if the term to be served were a term of imprisonment
being imposed by the court.
10 (6) If an order is made under subsection (1)(d), then,
unless the suspension period has ended, the sentence of
CSI remains in effect and the suspension period
continues to elapse.
(7) An order by a superior court under subsection (1) in a
15 case where the sentence of CSI was imposed for an
offence for which the person had not been convicted on
indictment is to be taken, for the purposes of an appeal
against sentence, as being made following a conviction
on indictment.
20 Division 3 -- Amending, cancelling and enforcing CSI
requirements
84G. Interpretation
In this Division --
"CSI requirement" means a primary requirement or
25 standard obligation of a sentence of CSI or any
direction of the court that imposed the sentence.
84H. Application to amend or cancel
(1) An application to amend or cancel a CSI requirement
may be made only by the offender or a CCO.
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Sentencing Legislation Amendment Bill 2004
Part 2 Amendments about suspended imprisonment
Division 1 Sentencing Act 1995 amended
s. 5
(2) Subject to section 84Q, the application must be made
to the court that imposed the CSI.
(3) The application must be made in accordance with the
regulations.
5 84I. Court may confirm, amend or cancel requirement
(1) If on an application made under section 84H a court is
satisfied --
(a) that the circumstances of the offender were
wrongly or inaccurately presented to the court
10 that imposed the CSI; or
(b) that the circumstances of the offender have so
altered since the CSI was imposed that the
offender will not be able to comply with the
CSI requirement,
15 and that it is just to do so, the court may make an order
amending or cancelling the CSI requirement but
otherwise it must confirm the CSI requirement.
(2) If all the CSI requirements have been cancelled under
subsection (1) in relation to a sentence of CSI, the
20 sentence is to be regarded as having been imposed as a
sentence of suspended imprisonment under Part 11.
84J. Breach of CSI requirement: offence
(1) A person who breaches a CSI requirement without
reasonable excuse, proof of which is on the person,
25 commits an offence.
(2) A prosecution for an offence under subsection (1) may
be commenced --
(a) by the CEO and only by the CEO; and
(b) at any time before the end of the suspension
30 period.
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Amendments about suspended imprisonment Part 2
Sentencing Act 1995 amended Division 1
s. 5
(3) Subject to section 84R, if at the time of an alleged
offence under subsection (1) the alleged offender was
under 18 years of age, the Children's Court is to hear
and determine the prosecution.
5 84K. Breach of CSI requirement: procedure and penalty
(1) Subject to subsection (2), if the Children's Court
convicts a person of an offence under section 84J(1),
the Court may fine the person not more than $1 000
and must deal with the person under section 84L.
10 (2) However, if a superior court imposed the CSI, the
Children's Court must commit the person to that
superior court and that court may fine the person not
more than $1 000 and must deal with the person under
section 84L.
15 (3) Subject to subsection (4), if some other court of
summary jurisdiction convicts a person of an offence
under section 84J(1), the court may fine the person not
more than $1 000 and must deal with the person under
section 84L.
20 (4) However, subject to section 84R, if the CSI was
imposed --
(a) by the Children's Court for an indictable
offence; or
(b) by a superior court,
25 the court of summary jurisdiction must commit the
person to the court that imposed the CSI and that court
may fine the person not more than $1 000 and must
deal with the person under section 84L.
(5) Subsections (1) to (4) have effect even if the
30 suspension period has ended.
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Part 2 Amendments about suspended imprisonment
Division 1 Sentencing Act 1995 amended
s. 5
(6) A court that under subsection (2) or (4) commits a
person to another court must certify that the person has
been convicted of an offence under section 84J(1).
84L. Breach of requirement: court's powers to deal with
5 (1) A court that is required by section 84K or 84R to deal
with a person under this section must deal with the
person by one of the following methods --
(a) unless an order under this paragraph,
paragraph (b) or section 84F(1)(a) or (b) has
10 already been made, it may order the person to
serve the term or terms of imprisonment that
were suspended;
(b) unless an order under this paragraph,
paragraph (a) or section 84F(1)(a) or (b) has
15 already been made, it may order the person to
serve part of the term or terms of imprisonment
that were suspended (even if the period ordered
to be served is 6 months or less);
(c) unless the suspension period has ended, it may
20 substitute another suspension period of not
more than 24 months for the suspension period
originally set; the new suspension period to
begin on the day it is substituted;
(d) it may make no order in respect of the CSI.
25 (2) The powers in subsection (1) may be exercised as often
as is necessary.
(3) If under subsection (1)(a) or (b) a court orders a person
to serve a term, or part of a term, of imprisonment that
was suspended --
30 (a) section 88 applies in respect of the term to be
served; and
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Amendments about suspended imprisonment Part 2
Sentencing Act 1995 amended Division 1
s. 5
(b) the court may make a parole eligibility order
under section 89,
as if the term to be served were a term of imprisonment
being imposed by the court.
5 (4) If a person is dealt with under subsection (1)(d), then,
unless the suspension period has ended, the sentence of
CSI remains in effect and the suspension period
continues to elapse.
(5) In dealing with a person under this section a court must
10 take into account the extent to which the person has
complied with the CSI and how long the person has
been subject to the CSI.
84M. Facilitation of proof
(1) This section applies only in relation to proceedings
15 under this Division.
(2) A copy of the order imposing CSI certified by the court
that imposed it is, in the absence of evidence to the
contrary, evidence of its contents.
(3) A copy of an order amending a sentence of CSI
20 certified by the court that made it is, in the absence of
evidence to the contrary, evidence of its contents.
(4) In proceedings for an offence under section 84J(1) in
relation to an alleged breach of a CSI requirement,
evidence of the alleged breach may be given by
25 tendering a certificate signed by the CEO stating the
particulars of the alleged breach.
(5) Unless the contrary is proved, it is to be presumed that
a certificate purporting to have been signed by the CEO
was signed by a person who at the time was the CEO.
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Part 2 Amendments about suspended imprisonment
Division 1 Sentencing Act 1995 amended
s. 5
Division 4 -- Functions of speciality courts as to CSI
84N. Application of this Division
(1) This Division applies if --
(a) the court that imposes a sentence of CSI on an
5 offender is a speciality court; or
(b) an offender is committed for trial or sentence
for an offence to a superior court by a speciality
court and a sentence of CSI is imposed on the
offender by the superior court and the superior
10 court orders that this Division is to apply.
(2) In this Division --
"the speciality court" means the speciality court
referred to in subsection (1)(a) or (b).
84O. Review of CSI by speciality court
15 (1) The speciality court may order that the offender appear
or reappear before the speciality court after the
imposition of the sentence of CSI --
(a) at a time and place fixed by the court; or
(b) if and when summonsed by the court,
20 so that the court can ascertain whether the offender is
complying with the sentence.
(2) An order may be made under subsection (1) on any
reappearance of the offender pursuant to a previous
order made under subsection (1).
25 (3) If an offender does not reappear before the speciality
court at the time and place fixed or in response to a
summons issued by the court, the court may issue a
warrant to have the offender arrested and brought
before the court.
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Sentencing Act 1995 amended Division 1
s. 5
(4) On a reappearance ordered under subsection (1), or
compelled under subsection (1) or (3), the speciality
court may amend a CSI requirement as defined in
section 84G.
5 84P. Speciality court to deal with re-offender
(1) If this Division applies and a court other than the
speciality court convicts the offender of an offence as
referred to in section 84D, that court must commit the
offender to the speciality court and the speciality court
10 must deal with the offender under section 84F.
(2) Section 84D(2) to (5) apply for the purposes of
subsection (1).
(3) If this Division applies, a complaint under
section 84E(1) must be filed with the speciality court
15 and a summons or warrant under section 84E(4) must
direct the offender to appear or be brought before the
speciality court.
84Q. Speciality court to deal with application to amend
or cancel CSI
20 If this Division applies, an application under
section 84H is to be made to the speciality court.
84R. Speciality court to deal with proceedings for
breaches
If this Division applies, a prosecution for an offence
25 against section 84J(1) is to be commenced in, and
heard and determined by, the speciality court and, if the
offender is convicted, the speciality court must deal
with the offender under section 84L.
".
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Part 2 Amendments about suspended imprisonment
Division 1 Sentencing Act 1995 amended
s. 6
6. Consequential amendments
(1) Section 4(1) is amended by inserting in the appropriate
alphabetical position --
"
5 "conditional suspended imprisonment" ("CSI")
means conditional suspended imprisonment
imposed under Part 12 Division 1;
".
(2) Section 4(2) is amended by inserting in the appropriate
10 alphabetical position --
"
"CSI" for conditional suspended imprisonment;
".
(3) Section 39(2) is amended after paragraph (f) by deleting "or"
15 and inserting --
"
(g) under Part 12 impose CSI and order the release
of the offender; or
".
20 (4) The Act is amended as set out in the Table to this section.
Table
s. 33G(5) After "order" insert --
" or a sentence of CSI ".
s. 33H(3) and (4) After "ISO" insert --
" or a sentence of CSI ".
s. 33H(5) After "ISOs" insert --
" or sentences of CSI ".
s. 33N(3) Delete "and 73(3) and (5)" insert instead --
" , 73(3) and (5) and 84C(3) and (5) "
s. 38(1)(a) After "imprisonment" insert --
" or CSI ".
page 22
Sentencing Legislation Amendment Bill 2004
Sentence Administration Act 2003 Part 2
Sentence Administration Act 2003 amended Division 2
s. 7
s. 66(5) After "PSO" insert --
" or a sentence of CSI ".
s. 73(5) After "PSO" insert --
" or a sentence of CSI ".
s. 75(3) and (4) After "ISO" insert --
" or a sentence of CSI ".
s. 75(5) After "ISOs" insert --
" or sentences of CSI ".
s. 77(6) Delete "Part 13" insert instead --
" Parts 12 and 13 ".
s. 85(1) In the definition of "prisoner", after "imprisonment"
insert --
" or CSI ".
7. Section 84D amended
Section 84D(1)(a) as inserted by section 5 is amended by
deleting "a court of petty sessions" and inserting instead --
" the Magistrates Court ".
5 8. Section 84E amended
Section 84E(5)(b) as inserted by section 5 is deleted and the
following paragraph is inserted instead --
"
(b) the Magistrates Court, if the CSI was imposed
10 by that court.
".
Division 2 -- Sentence Administration Act 2003 amended
9. The Act amended by this Division
The amendments in this Division are to the Sentence
15 Administration Act 2003*.
[* Act No. 49 of 2003.
For subsequent amendments see Act No. 4 of 2004.]
page 23
Sentencing Legislation Amendment Bill 2004
Part 2 Sentence Administration Act 2003
Division 2 Sentence Administration Act 2003 amended
s. 10
10. Section 4 amended
(1) Section 4(2) is amended by inserting in the appropriate
alphabetical position --
"
5 "conditional suspended imprisonment" means
conditional suspended imprisonment imposed
under Part 12 Division 1 of the Sentencing
Act 1995;
".
10 (2) Section 4(3) is amended by inserting in the appropriate
alphabetical position --
"
"CSI" for conditional suspended imprisonment;
".
15 11. Section 77 amended
After section 77(b) the following paragraph is inserted --
"
(ba) if the offender is subject to CSI, report the
matter to the CEO and recommend that the
20 offender be charged with an offence under
section 84J(1) of the Sentencing Act 1995;
".
12. Minor consequential amendments
The Act is amended as set out in the Table to this section.
25 Table
s. 75 In the definition of "community corrections order",
after "community order," insert --
" a sentence of CSI, ".
s. 77(b) Delete "(other than a pre-sentence order)".
page 24
Sentencing Legislation Amendment Bill 2004
Sentence Administration Act 2003 Part 2
Sentence Administration Act 2003 amended Division 2
s. 12
s. 78(2)(a) After "community order" insert --
" or a sentence of CSI ".
s. 78(3) After "community order" insert --
" , the suspension period of a sentence of CSI ".
s. 80(1) After "community order" insert --
" or a sentence of CSI ".
s. 83 In the definition of "community corrections order",
after "community order," insert --
" a sentence of CSI, ".
s. 94(1)(a) After "community orders," insert --
" sentences of CSI, ".
page 25
Sentencing Legislation Amendment Bill 2004
Part 3 Amendments to other Acts
s. 13
Part 3 -- Amendments to other Acts
13. Bail Act 1982 amended
(1) The amendments in this section are to the Bail Act 1982*.
[* Reprinted as at 27 August 1999.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 28 and
Acts Nos. 50 of 2003 and 4 of 2004.]
(2) Section 3(4)(a) is amended as follows:
(a) by inserting after "79" --
10 " , 84E ";
(b) by inserting after "imprisonment" --
" or conditional suspended imprisonment ".
(3) Schedule 1 Part C clause 6(a) is amended as follows:
(a) by inserting after "79" --
15 " , 84E ";
(b) by inserting after "imprisonment" --
" or conditional suspended imprisonment ".
14. Children's Court of Western Australia Act 1988 amended
(1) The amendments in this section are to the Children's Court of
20 Western Australia Act 1988*.
[* Reprinted as at 25 August 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 54, and
Act No. 4 of 2004.]
25 (2) Section 19(1) is amended by inserting after "78," --
" 84D, ".
(3) Section 19(1a)(b) is amended by inserting after "78," --
" 84D, ".
page 26
Sentencing Legislation Amendment Bill 2004
Amendments to other Acts Part 3
s. 16
15. Criminal Investigation (Identifying People) Act 2002
amended
(1) The amendment in this section is to the Criminal Investigation
(Identifying People) Act 2002*.
5 [* Act No. 6 of 2002.
For subsequent amendments see Western Australian
Legislation Information Tables for 2003, p. 95.]
(2) Schedule 1 clause 4(1)(d) is amended by inserting after
"made" --
10 "
, or a sentence of conditional suspended
imprisonment imposed,
".
16. Prisons Act 1981 amended
15 (1) The amendment in this section is to the Prisons Act 1981*.
[* Reprinted as at 22 December 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 307, and
Acts Nos. 24 and 50 of 2003.]
20 (2) Section 87(6) is amended by inserting after "community
order" --
" or conditional suspended imprisonment ".
17. Young Offenders Act 1994 amended
(1) The amendments in this section are to the Young Offenders
25 Act 1994*.
[* Reprinted as at 8 December 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 441, and
Acts Nos. 50 of 2003 and 4 of 2004.]
page 27
Sentencing Legislation Amendment Bill 2004
Part 3 Amendments to other Acts
s. 17
(2) Section 118(1)(a) is amended by deleting "Act; or" and
inserting instead --
"
Act or conditional suspended imprisonment
5 under Part 12 of that Act; or
".
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