SENTENCING ACT 1995

Western Australian Current Acts

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SENTENCING ACT 1995

TABLE OF PROVISIONS

Long Title

PART 1 -- Preliminary

1. Short title
2. Commencement
3. Application of this Act
4A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies
4. Terms used
5. Civil liability not affected

PART 2 -- General matters

Division 1 -- Sentencing principles

6. Principles of sentencing
7. Aggravating factors
8. Mitigating factors
9AA. Plea of guilty, sentence may be reduced in case of

Division 2A -- Sentencing where declared criminal organisations involved

9A. Terms used
9B. Application of this Division
9C. Principal objectives of sentencing for offences where declared criminal organisation involved
9D. Mandatory minimum sentences where declared criminal organisation involved
9E. Section 9D not applicable to persons aged under
9F. Further provisions relating to mandatory minimum sentences imposed under section 9D
9G. Eligibility for parole

Division 2 -- Miscellaneous

9. Statutory penalty, effect of
10. Change of statutory penalty, effect of
11. Person not to be sentenced twice on same evidence
12. Common law bonds abolished

PART 3 -- Matters preliminary to sentencing

Division 1 -- Preliminary

13. Term used: victim

Division 2 -- General

14. M Offender to be present for sentencing
14A. Video link, use of for sentencing
15. Court may inform itself as it thinks fit
16. Adjourning sentencing
17. Court’s powers on adjourning
18. Committal for sentence

Division 3 -- Information about the offender

20. Pre-sentence report, court may order
21. Pre-sentence report, content of
22. Pre-sentence report, preparation of
23. Offender’s time in custody etc., information about

Division 4 -- Information about victims etc.

23A. Terms used
24. Victim impact statement, who may give
25. Victim impact statement, content of
26. Court’s functions in relation to victim impact statement

Division 5 -- Mediation

27. Mediation report, court may order and receive
28. Mediation report, content of
29. Mediation report, preparation of
30. Mediation report, court’s powers as to

Division 6 -- Other pending charges

31. Term used: pending charge
32. Pending charges, offender may request court to deal with
33. Pending charges, court may deal with

PART 3A -- Pre-sentence order

Division 1 -- General

33A. When PSO may be made
33B. PSO, nature of
33C. Making a PSO
33D. PSO, standard obligations of
33E. PSO, primary requirements of
33F. Supervision requirement
33G. Programme requirement
33H. Curfew requirement
33HA. Electronic monitoring requirement
33I. Performance reports about offenders on PSOs
33J. Sentencing day, offender to be sentenced on etc.
33K. Sentencing offender after PSO

Division 2 -- Amending and enforcing PSOs

33L. Term used: requirement
33M. Application to amend or cancel PSO
33N. Court may confirm, amend or cancel PSO
33O. Re-offending while subject to PSO, consequences of
33P. Breach etc. of PSO, powers of CEO (corrections) and court
33Q. Facilitation of proof

PART 4 -- The sentencing process

34. M Explanation of sentence
35. Reasons for imprisonment to be given in some cases
36. Warrant of commitment to be issued if imprisonment imposed
37. Correction of sentence
37A. Offender reneging on promise to assist authorities may be re-sentenced
38. Imprisonment by JPs, magistrate to review

PART 5 -- Sentencing options

39. Natural person, sentences for
40. Body corporate, sentences for
41. If statutory penalty is imprisonment only: sentencing options
42. If statutory penalty is imprisonment and fine: sentencing options
43. If statutory penalty is imprisonment or fine: sentencing options
44. If statutory penalty is fine only: sentencing options
45. Spent conviction order, making and effect of

PART 6 -- Release of offender without sentence

46. Release without sentence

PART 7 -- Conditional release order

47. When CRO may be imposed
48. CRO, nature of
49. CRO, requirements of
50. Court may direct offender to re-appear
51. Ensuring compliance with CRO
52. Enforcing CRO

PART 8 -- Fine

53. Considerations when imposing fine
54. One fine for 2 or more offences
55. Apportionment of fine between joint offenders
56. Assault victim may be awarded fine
57. Enforcement of fine
57A. Enforcement of fine by means of WDO
57B. Court may cancel s. 57A order on application of Fines Enforcement Registrar
58. Imprisonment until fine paid
59. Imprisonment if fine not paid
60. Application of fine etc.

PART 8A -- Suspended fine

60A. When fine may be suspended
60B. Effect of suspending fine
60C. Re-offender may be dealt with or committed
60D. Alleging re-offending in court
60E. How re-offender to be dealt with

PART 9 -- Community based order

61. Pre-sentence report optional before imposing CBO
62. CBO, nature of
63. CBO, standard obligations of
64. CBO, primary requirements of
65. Supervision requirement
66. Programme requirement
67. Community service requirement
67A. Electronic monitoring requirement

PART 10 -- Intensive supervision order

68. Pre-sentence report mandatory before imposing ISO
69. ISO, nature of
70. ISO, standard obligations of
71. Supervision requirement
72. ISO, primary requirements of
73. Programme requirement
74. Community service requirement
75. Curfew requirement
76A. Electronic monitoring requirement

PART 11 -- Suspended imprisonment

76. When imprisonment may be suspended
77. Effect of suspending imprisonment
78. Re-offender may be dealt with or committed
79. Re-offending, alleging in court
80. How re-offender to be dealt with

PART 12 -- Conditional suspended imprisonment

Division 1 -- Imposition and effect of CSI

81. Certain courts may suspend imprisonment conditionally
82. Effect of CSI
83. CSI, standard obligations of
84. CSI, primary requirements of
84A. Programme requirement
84B. Supervision requirement
84C. Curfew requirement
84CA. Electronic monitoring requirement

Division 2 -- Consequences of re-offending

84D. Re-offender may be dealt with or committed
84E. Re-offending, alleging in court
84F. How re-offender to be dealt with

Division 3 -- Amending, cancelling and enforcing CSI requirements

84G. Term used: CSI requirement
84H. Application to amend or cancel CSI requirement
84I. Court may confirm, amend or cancel CSI requirement
84J. Breach of CSI requirement, offence
84K. Offence under s. 84J, procedure and penalty for
84L. Additional powers to deal with s. 84J offender
84M. Facilitation of proof

Division 4 -- Functions of speciality courts as to CSI

84N. Application of this Division
84O. Speciality court may direct offender on CSI to appear
84P. Speciality court to deal with re-offender
84Q. Speciality court to deal with application to amend or cancel CSI
84R. Speciality court to deal with proceedings for breaches

PART 13 -- Imprisonment

Division 1 -- Preliminary

85. Terms used and calculations

Division 2 -- Imposing imprisonment

86. Term of 6 months or less not to be imposed
87. Time on remand may be taken into account
88. Concurrent, cumulative or partly cumulative terms
89. Parole eligibility order, court may make
90. Life imprisonment for murder, imposing

Division 3 -- Release from imprisonment

93. Release from parole term
94A. Release on parole of prisoners subject to Prisoners (Interstate Transfer) Act 1983
94. Aggregation of parole terms for certain purposes
95A. Eligibility for parole where certain mandatory minimum sentences imposed
95. Release from fixed term that is not parole term
96. Release from life imprisonment

Division 4 -- Miscellaneous

97. Sentence Administration Act 2003, operation of
97A. Declaration of serious violent offence for purposes of Sentence Administration Act 2003 Part 5A

PART 14 -- Indefinite imprisonment

98. Indefinite imprisonment, superior court may impose
99. Other terms not precluded by indefinite imprisonment
100. When indefinite imprisonment commences
101. Release from indefinite imprisonment

PART 15 -- Other orders forming part of a sentence

Division 1 -- General matters

102. General provisions
103. Disqualification order, calculation of term of
104. Disqualification may be for life

Division 2 -- Disqualification orders

105. Driver’s licence disqualification
106. Firearms licence etc. disqualification
107. Marine qualification disqualification
108. Passport, surrender of etc.

PART 16 -- Reparation orders

Division 1 -- General matters

109. Term used: reparation order
110. General provisions
111. Making a reparation order
112. Facts relevant to making reparation order
113. Victim’s behaviour and relationship relevant
114. Civil standard of proof applies
114A. Victim may appeal against refusal of reparation order
115. Effect of reparation order on civil proceedings etc.

Division 2 -- Compensation order

116. Terms used
117. Compensation order in favour of victim
118. Compensation order in favour of third party
119. Enforcing compensation order
119A. Imprisonment until compensation paid, court may order

Division 3 -- Restitution order

120. Making restitution order
120A. Enforcing restitution order, Sheriff’s powers for
121. Enforcing restitution order, court’s powers for
122. Non-compliance with restitution order, offence

PART 17 -- Other orders and declarations not forming part of a sentence

Division 1 -- Preliminary

123. General provisions

Division 2 -- Orders made under other Acts

124. Restraining Orders Act 1997 s. 63 restraining order, s. 123 applies to
124A. Community Protection (Offender Reporting) Act 2004 s. 13 offender reporting order, s. 123 applies to
124B. Prohibited Behaviour Orders Act 2010 prohibited behaviour order, s. 123 applies to
124C. Orders under Criminal Organisations Control Act 2012

Division 3 -- Declarations

124D. Terms used
124E. Serial family violence offenders
124F. Serial family violence offender declaration -- related matters
124G. Disqualification if declaration made

PART 18 -- Amending and enforcing conditional release orders and community orders

Division 1 -- Preliminary

125. Term used: requirements; and interpretation

Division 2 -- Amending or cancelling conditional release orders and community orders

126. Application to amend or cancel
127. Court may confirm, amend or cancel

Division 3 -- Re-offending while subject to a conditional release order or a community order

128. Re-offender may be dealt with or committed
129. Re-offending, alleging in court
130. How re-offender may be dealt with

Division 4 -- Breaching a conditional release order or a community order

131. Breach of requirement, offence
132. Offence under s. 131, procedure and penalty for
133. Additional powers to deal with s. 131 offender

Division 5 -- Miscellaneous

134. Facilitation of proof
135. Compliance with CRO or community order to be taken into account
136. Re-sentencing, court’s powers for

Division 6 -- Functions of speciality courts

136A. Application of Division
136B. Term used: court
136C. Court may direct offender on community order to appear
136D. Court to deal with re-offender
136E. Court to deal with application to amend or cancel community order
136F. Court to deal with proceedings for breaches

PART 18A -- Review of conditional orders

136G. Terms used
136H. Application to review
136I. Court may confirm, amend or cancel

PART 19 -- Royal Prerogative of Mercy

137. Royal Prerogative of Mercy not affected
138. Pardon, effect of
139. Order to pay money, Governor may remit
140. Petition for mercy may be referred to Court of Appeal
141. Offender may be paroled
142. Strict security life imprisonment, exercise of Prerogative in case of

PART 20 -- Miscellaneous

143. Guideline judgments by Court of Appeal
143A. Sentencing guidelines for courts of summary jurisdiction
144. Chief Justice may report to Parliament
145. Non-compliance with procedural requirements, effect of
145A. Existence of circumstances of aggravation is question for judge to determine
146. Questions of fact in superior courts
147. Operation of other Acts not affected
147A. Monitoring requirements: additional provisions
148. Regulations
149. Rules of court

PART 21 -- Transitional and review provisions

150A. Sentencing Amendment Act 2012 amendments, application of
150AB. Application of Sentencing Legislation Amendment Act 2016 amendments about circumstances of aggravation
150B. Review of s. 9AA
150. Review of Act
151. Review of amendments made by Family Violence Legislation Reform Act 2020
SCHEDULE 1A -- Relevant indictable and simple offences for purposes of Part 2 Division 2A
SCHEDULE 1 -- Acts, fines under which are not to be credited to the Consolidated Account

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