Western Australian Current Acts

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SENTENCING ACT 1995 - SECT 33P

33P .         Breach etc. of PSO, powers of CEO (corrections) and court

        (1)         If —

            (a)         an offender is subject to a PSO; and

            (b)         the CEO (corrections), has reasonable grounds to believe that the offender has been, is, or is likely to be, in breach of any requirement of the PSO,

                the CEO (corrections) may issue a warrant to have the offender arrested and brought before —

            (c)         the court that made the PSO, if the Children’s Court or a superior court made the PSO;

            (d)         the Magistrates Court, if the PSO was made by that court.

        (2)         The warrant must be in the prescribed form.

        (3)         If the court before which the offender is brought is satisfied that the offender has been, is, or is likely to be, in breach of any requirement of the PSO, the court may —

            (a)         amend the PSO in any of the ways described in section 33N(2)(a); or

            (b)         cancel the PSO and sentence the offender,

                but otherwise must confirm the PSO.

        (4)         Proceedings under this section may be dealt with simultaneously with any proceedings under section 55 of the Bail Act 1982 .

        [Section 33P inserted: No. 50 of 2003 s. 6; amended: No. 59 of 2004 s. 141; No. 65 of 2006 s. 49.]



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