Western Australian Current Acts

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SENTENCING ACT 1995 - SECT 14

14 . 2M         Offender to be present for sentencing

        (1)         A court is not to sentence an offender unless the offender is personally present in court or appears before the court by video link under section 14A.

        (2)         Despite subsection (1), a court may, in an offender’s absence —

            (a)         under Part 6 impose no sentence; or

            (b)         under Part 8 impose a fine; or

            (c)         under Part 8A impose a suspended fine,

                and, in connection with such a sentence, may also make an order under Part 15, 16, or 17, or under another written law if that law does not require the offender to be present when such an order is made.

        (3)         Despite subsection (1), a court may sentence an offender in his or her absence if the offender is in custody and the proceedings, because of the offender’s conduct, have been directed to proceed in the offender’s absence.

        (4)         Despite subsection (2) or any other law that does not require an offender to be present when a sentence is imposed, a court may require an offender to appear personally to be sentenced.

        (5)         For the purposes of subsections (1) and (4), a court may compel an offender to appear personally to be sentenced by —

            (a)         issuing a summons and, if it is not obeyed, a warrant for the offender’s arrest; or

            (b)         issuing a warrant for the offender’s arrest.

        (6)         A summons issued under subsection (5) is to be served by pre-paid post unless the court directs it be served personally.

        [Section 14 amended: No. 48 of 1998 s. 13; No. 45 of 2016 s. 48.]

        [Section 14: modified by the COVID-19 Response and Economic Recovery Omnibus Act 2020 (34 of 2020) Part. 4 Division 4 Subdivision 1: See endnote 2M.]



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