Western Australian Current Acts

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SENTENCING ACT 1995 - SECT 60D

60D .         Alleging re-offending in court

        (1)         If —

            (a)         a person (the offender ) has been convicted and dealt with (in this State or elsewhere) for an offence; and

            (b)         that offence was committed during the suspension period of a suspended fine imposed on the offender in relation to another offence,

                a written notice alleging those matters may be lodged in a court in accordance with this section.

        (2)         The notice may be lodged at any time up until 2 years after the last day of the suspension period.

        (3)         The notice may be signed by a police officer or another person referred to in the Criminal Procedure Act 2004 section 20(3).

        (4)         The notice must be in a prescribed form and be signed in the presence of a JP or a prescribed court officer (as defined in the Criminal Procedure Act 2004 section 3(1)) who may issue a summons to the offender.

        (5)         The notice must be lodged with, and the summons must direct the offender to appear before, the court that imposed the suspended fine.

        (6)         The Criminal Procedure Act 2004 section 32, with any necessary changes, applies to and in respect of a summons issued under this section.

        (7)         An offender who appears before a court as a result of a summons issued under this section must be dealt with by the court under section 60E.

        [Section 60D inserted: No. 45 of 2016 s. 52.]



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