Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SENTENCING ACT 1995 - SECT 84A

84A .         Programme requirement

        (1)         The purpose of a programme requirement is —

            (a)         to allow for any personal factors which contributed to the offender’s criminal behaviour to be assessed; and

            (b)         to provide an opportunity for the offender to recognise, to take steps to control and, if necessary, to receive appropriate treatment for those factors.

        (2)         The programme requirement is a requirement that the offender must obey the orders of the speciality court or a CCO as to —

            (a)         undergoing assessment by a medical practitioner, a psychiatrist, a psychologist or a social worker, or more than one of them and, if necessary, appropriate treatment;

            (b)         undergoing assessment and, if necessary, appropriate treatment in relation to the abuse of alcohol, drugs or other substances;

            (c)         attending educational, vocational, or personal development programmes or courses;

            (d)         residing at a specified place for the purposes of any matter in paragraph (a), (b) or (c);

            (e)         more than one of the above.

        (3)         The speciality court or a CCO must not order the offender to undergo treatment of any sort unless a person qualified to recommend or administer the treatment has recommended that the offender undergo such treatment.

        (4)         A person is not to administer treatment of any sort mentioned in subsection (2) to the offender without the informed consent of the offender.

        (5)         The requirements of a programme requirement imposed as a condition of CSI are additional to the requirements of any other programmed requirement applicable to the offender under a community order or a PSO.

        (6)         A programme requirement ceases to be in force when the speciality court or a CCO gives the offender notice to that effect, or when the suspension period ends, whichever happens first.

        (7)         A CCO must not give notice unless satisfied that the offender has complied with the programme requirement.

        [Section 84A inserted: No. 27 of 2004 s. 5; amended: No. 47 of 2011 s. 26(3).]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback