Western Australian Current Acts

SENTENCING ACT 1995 - SECT 58

58 .         Imprisonment until fine paid

        (1)         This section applies if a superior court or a court of summary jurisdiction constituted by a magistrate —

            (a)         fines an offender for an indictable offence, the statutory penalty for which is or includes imprisonment; or

            (b)         fines an offender for an offence and the court is satisfied that —

                  (i)         the offender is about to leave the State; and

                  (ii)         the absence of the offender from the State would defeat or materially prejudice the operation of the Fines, Penalties and Infringement Notices Enforcement Act 1994 in respect of the fine.

        (2)         If the court does not also impose a term of imprisonment on the offender, it may order the offender to be imprisoned until the fine is paid, but in any event for not longer than a period set by the court.

        (3)         The period must not be more than 24 months, but if the statutory penalty for the offence is or includes imprisonment for a lesser period, the period must not be more than that lesser period.

        (4)         The period is cumulative on any other period or term of imprisonment that the offender is serving or has to serve unless the court orders otherwise.

        (5)         The period is not a term for the purposes of Part 13.

        (6)         Service of the period discharges the offender from the liability to pay the fine.

        [Section 58 amended: No. 59 of 2004 s. 141.]