Western Australian Current Acts

SENTENCING ACT 1995 - SECT 33N

33N .         Court may confirm, amend or cancel PSO

        (1)         If on a reappearance ordered under section 33C(2) or compelled under section 33C(2) or (4) or on an application made under section 33M, a court is satisfied that the circumstances of the offender —

            (a)         were wrongly or inaccurately presented to the court when it made the PSO; or

            (b)         have so altered since the court made the PSO that —

                  (i)         the offender will not be able to comply with the requirements of the PSO; or

                  (ii)         it is no longer appropriate for the offender to be subject to the PSO,

                and that it is just to do so, or if the offender requests, the court may make an order under subsection (2) but otherwise it must confirm the PSO.

        (2)         If a court may make an order under this subsection, it may either —

            (a)         amend the PSO —

                  (i)         by amending or cancelling the primary requirements of the PSO or any direction given by the court that made the PSO; or

                  (ii)         by adding a primary requirement or giving a direction that could have been given by the court that made the PSO; or

            (iia)         by adding, amending or cancelling an electronic monitoring requirement under section 33HA; or

                  (iii)         subject to section 33B(2), by changing the sentencing day; or

                  (iv)         by a combination of those;

                or

            (b)         cancel the PSO and sentence the offender.

        (3)         A court that under subsection (2)(a) may amend a PSO that applies to an offender who is subject to one or more curfew requirements under PSOs or ISOs of 6 months may, despite sections 33H(3) and (5), 75(3) and (5) and 84C(3) and (5), amend any curfew requirement in the PSO by extending its term by not more than one month at a time or add a curfew requirement the term of which is not more than one month.

        (4)         If the court decides to cancel the last remaining requirement of a PSO, the court must cancel the PSO and sentence the offender.

        (5)         On a reappearance ordered under section 33C(2) or compelled under section 33C(2) or (4) or on an application made under section 33M in respect of a PSO, the court need not be constituted by the same judicial officer as constituted the court when the PSO was made.

        [Section 33N inserted: No. 50 of 2003 s. 6; amended: No. 27 of 2004 s. 6(4); No. 65 of 2006 s. 47; No. 30 of 2020 s. 18.]