Sentencing Act 1995 (WA)

Western Australia

Western Australia

Sentencing Act 1995

An Act to consolidate and amend the law relating to the sentencing of offenders.

This Act may be cited as the Sentencing Act 1995.

The provisions of this Act come into operation on such day as is, or days as are respectively, fixed by proclamation.

• (1)

  Subject to this section, this Act applies to all persons convicted of an offence whether or not the offence was committed before this Act comes into operation.

• (2)

  In the case of a person who is a young person as defined in the Young Offenders Act 1994, subsection (1) is subject to sections 46 and 46A of the Young Offenders Act 1994.

• (3)

  This Act does not apply to or in respect of a person being punished —

  • (a)

    by the Supreme Court or any other court for or as for contempt of court; or

  • (b)

    under section 63 of the District Court of Western Australia Act 1969, section 29 of the Children’s Court of Western Australia Act 1988 or section 16 of the Magistrates Court Act 2004; or

  • (c)

    for contempt of a House of Parliament.

[Section 3 amended: No. 59 of 2004 s. 141.]

The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.

[Section 4A inserted: No. 20 of 2013 s. 123.]

• (1)

  In this Act —

approved electronic monitoring device means —

• (a)

  an electronic monitoring device that has been approved by the CEO (corrections); and

• (b)

  any equipment, wires or other items associated with a device under paragraph (a);

bail means bail under the Bail Act 1982;

breach, in relation to an order made under this Act, means to contravene any requirement or obligation of the order or any direction made by the court imposing the order;

CEO (corrections) means the chief executive officer of the Public Sector agency principally assisting the Minister administering Part 8 of the Sentence Administration Act 2003 in its administration;

community based order (“CBO”) means a community based order made under Part 9;

community corrections centre has the same definition as in the Sentence Administration Act 2003;

community corrections officer (“CCO”) has the same definition as in the Sentence Administration Act 2003;

community order means a CBO or an ISO;

community work includes any form of work, service, or activity approved for the purpose of this definition by the CEO (corrections);

conditional release order (“CRO”) means a conditional release order made under Part 7;

conditional suspended imprisonment (“CSI”) means conditional suspended imprisonment imposed under Part 12 Division 1;

designated family relationship means a relationship between 2 persons —

• (a)

  who are, or were, married to each other; or

• (b)

  who are, or…