Western Australian Current Acts Western Australian Current Acts (1) If a court
convicts a person of an offence (other than an offence under section 131(1))
the statutory penalty for which is or includes imprisonment and the offence
was committed while the person was subject to a CRO or community order imposed
in relation to another offence, then, even though there is no notice lodged
under section 129, the court —
(a) if
it is the Children’s Court, may deal with the person under section 130
unless the CRO or community order was imposed by a superior court in which
case it must commit the person to that court and that court may deal with the
person under section 130;
(b) if
it is the Magistrates Court, may deal with the person under section 130 unless
the CRO or community order was imposed —
(i)
by the Children’s Court for an indictable offence;
or
(ii)
by a superior court,
in which case the
court must commit the person to the court that imposed the order and that
court may deal with the person under section 130;
(c) if
it is the District Court, may deal with the person under section 130 unless
the CRO or community order was imposed by the Children’s Court or the
Supreme Court for an offence which the District Court would not have
jurisdiction to deal with if it were committed by an adult, in which case the
Court must commit the person to the court that imposed the order and that
court may deal with the person under section 130;
(d) if
it is the Supreme Court, may deal with the person under section 130.
(2) A court that under
subsection (1) commits a person to another court must certify that the person
has been convicted of an offence committed while subject to a CRO or community
order (as the case may be).
(3) The powers in
subsection (1) may be exercised by a court at any time, irrespective of
whether or not the CRO or community order is still in force.
(4) Subsection (1)
does not affect the powers of the court that convicts a person of the offence
committed while the person was subject to a CRO or community order to deal
with the person for that offence.
[Section 128 amended: No. 59 of 2004 s. 141; No.
84 of 2004 s. 65.]