Western Australian Current Acts Western Australian Current Acts (1) If when an
offender is being sentenced to imprisonment for an offence —
(a) the
offender has previously spent time —
(i)
in custody in respect of the offence for which the
offender is being sentenced; or
(ii)
in custody in respect of another offence, while on bail
for the offence for which the offender is being sentenced;
and
(b) the
sentencing court decides that that time should be taken into account,
the court may take
that time into account —
(c) if
it imposes a fixed term, by reducing that term by an appropriate period; or
(d) by
ordering that the term it imposes is to be taken to have begun on a specified
day being the day when that custody began or on some later date that is not
later than the date of the sentence.
(2) Subsection
(1)(a)(i) does not apply if the time in custody has already been taken into
account in sentencing for another offence under subsection (1)(a)(ii).
[Section 87 amended: No. 3 of 2008 s. 20; No. 45
of 2016 s. 74.]