Western Australian Current Acts

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SENTENCING ACT 1995 - SECT 131

131 .         Breach of requirement, offence

        (1)         A person who breaches a CRO or community order without reasonable excuse, proof of which is on the person, commits an offence.

        (2)         A prosecution for an offence under subsection (1) may be commenced —

            (a)         in the case of an alleged breach of 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)         in the case of an alleged breach of a community order, only by the CEO (corrections).

        (3)         Such a prosecution may be commenced at any time up until 1 year after the CRO or community order ceases to be in force.

        [(4)         deleted]

        (5)         If at the time of an alleged offence under subsection (1) the alleged offender was under 18 years old, the Children’s Court is to hear and determine the charge.

        [Section 131 amended: No. 59 of 2004 s. 141; No. 84 of 2004 s. 62 and 65; No. 65 of 2006 s. 49.]



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