Western Australian Current Acts

SENTENCING ACT 1995 - SECT 129

129 .         Re-offending, alleging in court

        (1)         If —

            (a)         a person (the offender ) has been convicted and dealt with (in this State or elsewhere) for an offence (other than an offence under section 131(1)); and

            (b)         that offence was committed while the offender was subject to a CRO or community order imposed in relation to another offence,

                a written notice alleging those matters may be lodged in a court in accordance with this section.

        (2)         The notice may be lodged at any time up until one year after the CRO or community order ceases to be in force.

        (3)         The notice may be signed —

            (a)         if the offender was subject to a CRO, by the CEO (corrections), a police officer, or a person referred to in section 80(2)(a) to (e) of the Criminal Procedure Act 2004 ;

            (b)         if the offender was subject to a community order, only by the CEO (corrections).

        (4)         The notice must be in a prescribed form and be signed in the presence of a JP or a prescribed court officer (as defined in section 3 of the Criminal Procedure Act 2004 ) who may issue a summons to the offender.

        (5)         If the contents of the notice are verified on oath by the person signing it, a magistrate, on the application of that person, may issue an arrest warrant for the offender.

        (6)         The notice must be lodged with, and the summons must direct the offender to appear before, or the warrant must direct that the offender be brought before the court that imposed the CRO or community order.

        (7)         Sections 31 and 32 of the Criminal Procedure Act 2004 , with any necessary changes, apply respectively to and in respect of a warrant and summons issued under this section.

        (8)         If an offender does not obey such a summons, the court concerned may issue a warrant to have him or her arrested and brought before it.

        (9)         If an offender is arrested under a warrant issued under this section, he or she must be given a copy of the notice as soon as practicable after being arrested.

        (10)         An offender who appears before a court as a result of a summons or warrant issued under this section must be dealt with by the court under section 130.

        [Section 129 inserted: No. 84 of 2004 s. 61; amended: No. 65 of 2006 s. 49.]