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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Sentence Administration Amendment Bill 2017
Contents
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 12 amended 2
5. Section 12A amended 2
6. Section 20 amended 2
7. Section 23 amended 3
8. Section 52 amended 3
9. Part 5 Division 1A inserted 3
Division 1A -- Homicide offence or homicide related
offence
66A. Terms used 3
66B. Board not to release or recommend
release unless prisoner cooperates or
victim's remains located 5
66C. Commissioner of Police report 6
10. Section 112 amended 7
8--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Sentence Administration Amendment Bill 2017
A Bill for
An Act to amend the Sentence Administration Act 2003.
The Parliament of Western Australia enacts as follows:
page 1
Sentence Administration Amendment Bill 2017
s. 1
1 1. Short title
2 This is the Sentence Administration Amendment Act 2017.
3 2. Commencement
4 This Act comes into operation as follows --
5 (a) sections 1 and 2 -- on the day on which this Act
6 receives the Royal Assent;
7 (b) the rest of the Act -- on a day fixed by proclamation,
8 and different days may be fixed for different provisions.
9 3. Act amended
10 This Act amends the Sentence Administration Act 2003.
11 4. Section 12 amended
12 In section 12(4) delete "A report --" and insert:
13
14 Subject to section 66B(1), a report --
15
16 5. Section 12A amended
17 In section 12A(5) delete "A report" and insert:
18
19 Subject to section 66B(1), a report
20
21 6. Section 20 amended
22 Before section 20(2)(a) insert:
23
24 (aa) the requirements of section 66B(1); and
25
page 2
Sentence Administration Amendment Bill 2017
s. 7
1 7. Section 23 amended
2 (1) Before section 23(2a)(a) insert:
3
4 (aa) the requirements of section 66B(1); and
5
6 (2) In section 23(3) delete "section 10," and insert:
7
8 sections 10 and 66B(1),
9
10 8. Section 52 amended
11 In section 52(2) after "have regard to" insert:
12
13 the requirements of section 66B(1) and
14
15 9. Part 5 Division 1A inserted
16 After Part 5 Division 1 insert:
17
18 Division 1A -- Homicide offence or homicide related
19 offence
20 66A. Terms used
21 In this Division --
22 homicide offence means an offence of --
23 (a) murder; or
24 (b) infanticide under The Criminal Code
25 section 287A as in force before the
26 commencement of the Criminal Law
27 Amendment (Homicide) Act 2008 section 13;
page 3
Sentence Administration Amendment Bill 2017
s. 9
1 homicide related offence means any of the following
2 offences, if the offence relates to the death of a
3 person --
4 (a) counselling or procuring the commission of a
5 homicide offence; or
6 (b) inciting another person to commit a homicide
7 offence; or
8 (c) becoming an accessory after the fact to a
9 homicide offence; or
10 (d) conspiring with another person to commit a
11 homicide offence;
12 release action means making a parole order under
13 section 23(3)(b) in respect of a prisoner;
14 release decision means --
15 (a) a decision to recommend, in a report given
16 under section 12 or 12A, that a prisoner be
17 released; or
18 (b) a decision under section 20(2) that it is
19 appropriate to release a prisoner on parole; or
20 (c) a decision under section 23(3)(a) to make a
21 parole order in respect of a prisoner; or
22 (d) a decision under section 52(1) to make an RRO
23 in respect of a prisoner;
24 relevant prisoner means --
25 (a) a person serving a sentence for a homicide
26 offence or homicide related offence; or
27 (b) a person subject to a sentence of detention
28 imposed under The Criminal Code
29 section 279(5)(b); or
30 (c) a person in, or regarded as being in, strict or
31 safe custody by virtue of an order under
32 The Criminal Code section 282 (repealed by the
page 4
Sentence Administration Amendment Bill 2017
s. 9
1 Criminal Law Amendment (Homicide) Act 2008
2 section 10); or
3 (d) a person subject to a direction or sentence
4 under The Criminal Code section 661 or 662
5 (repealed by the Sentencing (Consequential
6 Provisions) Act 1995 section 26) where at least
7 one of the offences referred to in The Criminal
8 Code section 661 or 662 was a homicide
9 offence or homicide related offence;
10 remains of the victim, in relation to a homicide
11 offence, means the remains of the person against whom
12 the homicide offence was committed.
13 66B. Board not to release or recommend release unless
14 prisoner cooperates or victim's remains located
15 (1) The Board must not make a release decision, or take
16 release action, in relation to a relevant prisoner in
17 custody for a homicide offence or homicide related
18 offence unless the Board is satisfied that --
19 (a) the prisoner has cooperated with a member of
20 the Police Force in the identification of the
21 location, or last known location, of the remains
22 of the victim of the homicide offence; or
23 (b) a member of the Police Force knows the
24 location of the remains of the victim of the
25 homicide offence.
26 (2) The Board may be satisfied under subsection (1)(a) in
27 relation to a relevant prisoner in custody for a homicide
28 offence or homicide related offence even if the prisoner
29 did not cooperate --
30 (a) before being sentenced for the offence; or
31 (b) before the determination of an appeal against
32 the conviction or sentence for the offence.
page 5
Sentence Administration Amendment Bill 2017
s. 9
1 (3) This section applies to a decision or action in relation
2 to a relevant prisoner in custody for a homicide offence
3 or homicide related offence whether the offence was
4 committed before, on or after the day on which the
5 Sentence Administration Amendment Act 2017
6 section 9 comes into operation.
7 66C. Commissioner of Police report
8 (1) On each occasion on which the Board is required to
9 consider whether to make a release decision, or take
10 release action, in relation to a relevant prisoner in
11 custody for a homicide offence or homicide related
12 offence, the Board must make a written request to the
13 Commissioner of Police for a written report.
14 (2) The Board does not have to request a report if the
15 Board is already satisfied that a member of the Police
16 Force knows the location of the remains of the victim
17 of the homicide offence.
18 (3) The report must deal with each of the following
19 matters --
20 (a) in relation to the prisoner's cooperation
21 described in section 66B(1)(a) --
22 (i) the nature and extent of the prisoner's
23 cooperation; and
24 (ii) the timeliness of the prisoner's
25 cooperation; and
26 (iii) the truthfulness, completeness and
27 reliability of any information or
28 evidence provided by the prisoner; and
29 (iv) the significance and usefulness of the
30 prisoner's cooperation;
31 (b) whether a member of the Police Force knows
32 the location of the remains of the victim of the
33 homicide offence.
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Sentence Administration Amendment Bill 2017
s. 10
1 (4) The Commissioner of Police must give the Board the
2 report within a reasonable period of time after
3 receiving the request.
4 (5) If the Board requests a report the Board must, when
5 deciding whether it is satisfied for the purposes of
6 section 66B(1), take into account the matters referred
7 to in subsection (3) as dealt with in the report.
8
9 10. Section 112 amended
10 After section 112(e) insert:
11
12 (ea) the number of prisoners whose cooperation was
13 considered by the Board for the purposes of
14 section 66B(1)(a) during the previous financial
15 year;
16 (eb) the number of prisoners referred to in
17 paragraph (ea) who were released under an
18 early release order by the Board or the
19 Governor during the previous financial year;
20
21
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