Western Australian Current Acts Western Australian Current Acts (1) A charge of a
prison offence alleged to have been committed by a prisoner may be made by any
prison officer or person who is authorised to exercise a power set out in
clause 14 of Schedule 2 to the Court Security and Custodial Services Act 1999
and shall be brought forthwith to the attention of the superintendent who
shall, as he thinks appropriate and having regard to the nature of the alleged
prison offence and to the alleged circumstances, —
(a) if
the prisoner so agrees, suspend further action with respect to the charge on
condition of the good behaviour of the prisoner for a stated period not
exceeding 2 months and order the withdrawal of the charge at the end of that
period if the condition has been observed; or
(b)
direct that the charge be withdrawn or that a further or different charge be
laid; or
(c)
refer the charge to a visiting justice; or
(d) if
the prisoner so requests and the superintendent agrees to the request, inquire
into and determine a charge of a minor prison offence in accordance with
section 75.
(2) Where the
superintendent proposes to refer a charge to a visiting justice under
subsection (1)(c), he shall call upon the prisoner to admit or deny the charge
and shall endorse the charge with a note of whether the prisoner admits or
denies that charge.
[Section 71 amended: No. 47 of 1999 s. 37.]