Western Australian Current Acts Western Australian Current Acts (1) The purpose of
electronic monitoring of an offender —
(a)
under subsection (2) is to enable the location of the offender to be monitored
where the offender presents a high risk to —
(i)
a person; or
(ii)
a group of persons; or
(iii)
the community more generally;
and
(b)
under subsection (3C) is to enable the location of the offender to be
monitored.
[(1A) deleted]
(2) If a court
considers that electronic monitoring should occur in a particular case, other
than a case referred to in subsection (3A), the court may impose a requirement
(an electronic monitoring requirement ) under this section.
(3) An electronic
monitoring requirement may be imposed under subsection (2) only if the court
has received a report from the CEO (corrections) about the suitability of
electronic monitoring in the particular case.
(3A) Subsection (3C)
applies if —
(a) an
offence in respect of which CSI may apply is a family violence offence
(category A) and —
(i)
the offender is bound by a family violence restraining
order; and
(ii)
the person against whom the family violence offence
(category A) was committed is protected by the family violence restraining
order;
or
(b) an
offence in respect of which CSI may apply is a family violence offence
(category B) and the offender is a serial family violence offender.
(3B) For the purposes
of subsection (3A)(b), an offender is a serial family violence offender
whether the offender was so declared by —
(a) the
court referred to in subsection (3C) at the time of the offender’s
conviction for the family violence offence (category B); or
(b)
another court.
(3C) If subsection
(3A) applies and a court orders CSI the court must impose a requirement (also
an electronic monitoring requirement ) for electronic monitoring in respect of
the offender under this section, unless the court is satisfied there are
exceptional circumstances.
(4) If an electronic
monitoring requirement is imposed, a CCO may do 1 or more of the following
—
(a)
direct the offender to wear an approved electronic monitoring device;
(b)
direct the offender to permit the installation of an approved electronic
monitoring device at the place where the offender resides or, if the offender
does not have a place of residence, at any other place specified by the CCO;
(c)
direct the offender to charge the approved electronic monitoring device so as
to ensure the device is at all times operational;
(d)
direct the offender to not enter 1 or more areas of the State stated in a
written notice given to the offender by the CCO.
(4A) A person given a
direction under subsection (4)(a), (b) or (c) must comply with the direction.
Penalty for this subsection: imprisonment for 3
years and a fine of $36 000.
(4B) A person given a
direction under subsection (4)(d) must comply with the direction, unless the
person has a reasonable excuse.
Penalty for this subsection: imprisonment for 3
years and a fine of $36 000.
(5) An electronic
monitoring requirement ceases to be in force when the suspension period ends.
Note for this section:
See the
Sentence Administration Act 2003 section 118A for an evidentiary provision
for proceedings for an offence against subsection (4A) or (4B).
[Section 84CA inserted: No. 13 of 2020 s. 11;
amended: No. 30 of 2020 s. 23; No. 28 of 2024 s. 68.]
[Heading inserted: No. 27 of 2004 s. 5.]