Western Australian Current Acts

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SENTENCING ACT 1995 - SECT 134

134 .         Facilitation of proof

        (1)         This section applies only in relation to proceedings under this Part.

        (2)         A copy of a CRO or community order certified by the court that imposed it is, in the absence of evidence to the contrary, evidence of its contents.

        (3)         A copy of an order amending a CRO or community order certified by the court that made it is, in the absence of evidence to the contrary, evidence of its contents.

        (4)         A certificate by a court under section 128(2) or 132(4) is, in the absence of evidence to the contrary, evidence of its contents.

        (5)         In proceedings for an offence under section 131(1) in relation to an alleged breach of a community order, evidence of the alleged breach may be given by tendering a certificate signed by the CEO (corrections) stating the particulars of the alleged breach.

        (6)         Unless the contrary is proved, it is to be presumed that a certificate purporting to have been signed by the CEO (corrections) was signed by a person who at the time was the CEO (corrections).

        [Section 134 amended: No. 65 of 2006 s. 49.]



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