Sentencing Amendment Regulations 2003 (WA)

3850 GOVERNMENT GAZETTE, WA 29 August 2003

Regulations 2003.

.J U301*

Sentencing Act 1995

Sentencing Amendment Regulations 2003

Made by the Governor in Executive Council.

1.            Citation

These regulations may be cited as the Sentencing Amendment

29 August 2003 GOVERNMENT GAZETTE, WA 3851

2.            Commencement

These regulations come into operation on the day on which Part 2 Division 2 of the Sentencing Legislation Amendment and Repeal Act 2003 comes into operation.

3.            The regulations amended

The amendments in these regulations are to the Sentencing
Regulations 1996*.

[* Reprinted as at 3 September 2002.]

4. Part 2A inserted
After regulation 4 the following Part is inserted -

Part 2A - Pre-sentence order

4A.	Specialty court
For the purposes of the definition of "specialty court" in section 4(1) of the Act -

(a)	the court of petty sessions is prescribed;
(b)	the central law courts at Perth is prescribed; and
(c)	drugs or prohibited plants as defined in the class of offenders who abuse prohibited prescribed.

4B.	Application to amend or cancel a PSO (s. 33M(2)(a) or (b))
(1)	An application under section 33M(2)(a) or (b) of the Act is to be made in an approved form.

(2) An application may only be made by a CCO with the

prior approval of the CEO.

(3) On receiving an application a court officer is to issue a summons (in an approved form) to all parties
concerned to a hearing on a date and at a place fixed by
the officer.

(4) The hearing date fixed by the Court officer is to be at

least 7 days after the date of the application.

(5) The summons must be served -

(a)	in the case of an application by the offender - by a court officer on the CEO, and the prosecutor; or
(b)	in the case of an application by a CCO - by a CCO on the offender.

(6) If satisfied that all parties concerned have been served with a summons issued under this regulation, the court may deal with the application under section 33N of the Act.

3852 GOVERNMENT GAZETTE, WA 29 August 2003

(7)	The court hearing the application need not be constituted by the same judicial officer that constituted the court that imposed the PSO.
(8)	In this regulation - "prosecutor" means the DPP or a police prosecutor, as

the case requires.

4C.	Application to amend or cancel a PSO (s. 33M(2)(c))
(1)	This regulation applies to an application under section 33M(2)(c) of the Act.
(2)	An application must be made in accordance with rules of court to the court that imposed the sentence concerned.
(3)	If satisfied that all relevant rules of court have been complied with in relation to the application, the court may exercise the powers in section 33N of the Act.
(4)	The court hearing the application need not be constituted by the same judicial officer that constituted the court that imposed the PSO.
4D.	CEO to be notified when court deals with offender on PSO
If under section 33N of the Act a court deals with an offender in relation to a PSO, a court officer is to notify the CEO of any orders made by the court.
4E.	Lower court procedure on recalling an order imposing a sentence (s. 330(5)(b))
(1)	When the Children's Court or a court of petty sessions proposes to deal with an offender under
section 330(5)(b) of the Act, a court officer is to issue
a summons (in an approved form) to all parties concerned to a hearing on a date and at a place fixed by the officer.
(2)	The summons must be served by the prosecutor on the offender.
(3)	The court may deal with the offender under section 330(5)(b) if it is satisfied that all parties concerned have been served with a summons issued under this regulation.
(4)	The court dealing with the offender need not be constituted by the same judicial officer that constituted the court that imposed the PSO.

29 August 2003 GOVERNMENT GAZETTE, WA 3853

4F.	Superior court procedure on recalling an order imposing a sentence (s. 330(5)(b))
(1)	A superior court may deal with an offender under section 330(5)(b) if it is satisfied that all relevant rules of court have been complied with in relation to the application.
(2)	The court dealing with the offender need not be constituted by the same judicial officer that constituted the court that imposed the PSO.

5.            Regulation 13 amended

Regulation 13 is amended in the Table by inserting after the item beginning "36" the following item -

44

33J and 33P Warrant of arrest IA

6.            Schedule 1 amended

(1) Schedule 1 Form 1 is amended as follows:

(a) by deleting "Sentence Administration Act 1995." and inserting instead -

" Sentence Administration Act 2003. ";

(b)	by deleting the box containing "Young adult detention
direction C3 Yes 0 No".

(2) After Schedule I Form 1 the following Form is inserted -

46

1A. Warrant ut ot arrest

WESTERN AUSTRALIA

Sentencing Act 1995, ss. 33J and 33P CWI Warrant No.

Arrest warrant

('0111111:11)(1 lu: All police officers.

This warrant authorises and commands you to arrest this offender and to
take the offender to Iname of court] at [place] in Western Australia.
And to all persons authorised to exercise a power set Out in clause 2 of
Schedule 2 to the Court Security and Custodial Services Act 1999.
This warrant authorises and commands you to take the offender to

[name of court] at Jplacel in Western Australia.

Offender's details	JName:	Date of birth:
Address:	I

Offences	Charge/Indict No	Date of offence	Description of offence
icIatcl to PSO

I Date ofPSO I I