Western Australian Current Acts Western Australian Current Acts (1) In this Part
—
fixed term means a term that is not life
imprisonment;
indefinite imprisonment means indefinite
imprisonment imposed under Part 14;
mandatory minimum sentence , in relation to a
prescribed offence, means —
(a) in
the case of an offence against The Criminal Code section 297, the minimum
term of imprisonment required by that section if the offence is committed in
prescribed circumstances as defined in subsection (8) of that section;
(b) in
the case of an offence against The Criminal Code section 318, the minimum
term of imprisonment required by subsection (4)(a) or (b) of that section,
whichever of those minimum terms is applicable to the circumstances of the
offence;
(c) in
the case of an offence against the Road Traffic Act 1974 section 59, the
minimum term of imprisonment required by subsection (4A)(a) of that section;
(d) in
the case of an offence against the Road Traffic Act 1974 section 59A, the
minimum term of imprisonment required by subsection (4A)(a) of that section;
parole order means an order made under Part 3 of
the Sentence Administration Act 2003 that a prisoner be released on parole and
includes a parole order made for the purposes of section 72 or 73 of that Act;
parole term means —
(a) a
term to which a parole eligibility order applies; or
(b) a
translated sentence in respect of which a minimum term of imprisonment is
deemed to have been fixed under the Prisoners (Interstate Transfer) Act 1983
section 26(1);
prescribed offence means any of the following
offences, if the offence is committed by a person who, at the time of the
commission of the offence, has reached 18 years of age —
(a) an
offence against The Criminal Code section 297, if the offence is committed in
prescribed circumstances as defined in subsection (8) of that section;
(b) an
offence against The Criminal Code section 318, if the offence is committed in
prescribed circumstances as defined in subsection (5) of that section;
(c) an
offence against the Road Traffic Act 1974 section 59 or 59A, if the offence
is committed in the circumstance of aggravation referred to in section
49AB(1)(c) of that Act;
prescribed term means —
[(a) deleted]
(b) a
term imposed for a prison offence as defined in the Prisons Act 1981 ;
(c) a
term imposed for escaping lawful custody;
prisoner means a person (whether or not he or she
is in custody) who has been sentenced to a term and who has not been
discharged from that term, but does not include a person sentenced to
suspended imprisonment or CSI, unless an order is made under section 80(1)(a)
or (b);
release means release from custody;
term means a term of imprisonment imposed on an
offender by a court as a sentence, whether a fixed term or life imprisonment,
but does not include —
(a)
detention under a sentence imposed under section 279(5)(b) of The Criminal
Code ; or
(b)
indefinite imprisonment;
translated sentence has the meaning given in the
Prisoners (Interstate Transfer) Act 1983 section 3(1).
(2) For the purposes
of this Part and Part 11 and for the purposes of the
Sentence Administration Act 2003 , the aggregate of 2 or more fixed terms is
the total effective period of imprisonment imposed on the offender having
regard to whether the fixed terms are to be served concurrently or partly
concurrently or cumulatively.
(3) For the purposes
of this Part and of the Sentence Administration Act 2003 , to calculate the
length in days of one-half of a fixed term —
(a)
determine the dates on which the term as imposed by the court will begin and
end and then express the term as a number of days ( T ); and
(b) then
divide T by 2 and disregard any remainder.
(4) In this Part and
in the Sentence Administration Act 2003 , a fixed term ends when the term as
imposed by the court ends, and it does not matter if the prisoner has been
released before then.
[Section 85 amended: No. 29 of 1998 s. 18; No. 50
of 2003 s. 16; No. 27 of 2004 s. 6(4); No. 29 of 2008 s. 22(1); No. 6 of 2014
s. 4; No. 32 of 2015 s. 4; No. 45 of 2016 s. 72.]