Western Australian Current Acts Western Australian Current Acts (1) If a justice or
justices in the Magistrates Court —
(a)
sentence an offender to suspended imprisonment or CSI; or
[(b) deleted]
(c)
sentence an offender to a term of imprisonment,
a magistrate must
review the sentence within 2 working days after it is imposed.
(2) The review is to
be based on an examination of the court papers relevant to the offence (or
copies or faxes of them) in the absence of the parties and is not to involve a
hearing.
(3) Having reviewed
the original sentence, the magistrate may —
(a)
confirm the original sentence; or
(b)
cancel the original sentence and order the offender to appear before a
magistrate to be sentenced again.
(4) If the original
sentence is cancelled the offender must be bailed or remanded in custody to
appear to be sentenced again.
(5) A magistrate
sentencing an offender again may sentence the offender in any manner the
magistrate could if he or she had just convicted the offender of the offence
for which the original sentence was imposed.
(6) In deciding how to
deal with an offender when sentencing the offender again, the magistrate must
take into account any time spent in custody by the offender under the original
sentence.
(7) A failure to
review the original sentence under this section does not affect its validity.
(8) The original
sentence, if cancelled, may not be appealed against.
(9) This section does
not affect any right of appeal against an original sentence that is confirmed
on review or that is not reviewed under this section.
(10) This section does
not affect any right of appeal against a sentence imposed under this section
by a magistrate.
[Section 38 amended: No. 29 of 1998 s. 18; No. 59
of 2004 s. 141; No. 27 of 2004 s. 6(4).]