Western Australian Current Acts

SENTENCING ACT 1995 - SECT 33K

33K .         Sentencing offender after PSO

        (1)         A court sentencing an offender who has been subject to a PSO, whether on the sentencing day or on a day prior to that day —

            (a)         must take into account the offender’s behaviour while subject to the PSO; and

            (b)         may use any sentencing option available under Part 5 to the court in respect of the offence concerned.

        (2)         For the purposes of subsection (1), the court may adjourn the sentencing in order to obtain a performance report made under section 33I or any other information relevant to the offender’s behaviour while subject to the PSO.

        (3)         The court referred to in subsection (1) need not be constituted by the same judicial officer as constituted the court when the PSO was made.

        (4)         Nothing in this Part prevents a court from sentencing an offender who was subject to a PSO more than 2 years after the PSO was made.

        [Section 33K inserted: No. 50 of 2003 s. 6.]

        [Heading inserted: No. 50 of 2003 s. 6.]