Western Australian Current Acts Western Australian Current Acts (1) In this section
—
imprisonment order means an order made under
section 90(2) for the imprisonment of a person for a contempt of court;
superintendent has the meaning given by the
Prisons Act 1981 section 3(1).
(2) Whether or not the
period of imprisonment stated in an imprisonment order has expired, the person
imprisoned under the order must be released if —
(a) the
whole of the judgment debt is paid or recovered; or
(b) the
judgment creditor accepts part payment of the judgment debt in full
satisfaction of the judgment debt; or
(c) the
judgment creditor gives the sheriff a written request that the person be
released.
(3) The sheriff must
immediately advise the superintendent of the prison in which a person is
imprisoned on becoming aware that the debtor should be released under
subsection (2).
(4) If the whole or a
part of the judgment debt is paid to a superintendent he or she must
immediately transmit it to the sheriff.
(5) The court that
made an imprisonment order may order the release of the person concerned if it
considers that the person ought to be released because of illness or other
good reason.
(6) This section does
not authorise the release of a person who by law is required to be kept in
custody in respect of another matter.