Western Australian Current Acts

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SENTENCING ACT 1995 - SECT 95A

95A .         Eligibility for parole where certain mandatory minimum sentences imposed

        (1)         For the purposes of section 93(1), a prisoner serving a parole term for a prescribed offence is eligible to be released on parole when he or she has served the greater of —

            (a)         the mandatory minimum sentence applicable to that offence; or

            (b)         the period that, under section 93(1), he or she would be required to serve before being eligible to be released on parole if the offence were not a prescribed offence.

        (2)         Subsection (3) applies to a prisoner if —

            (a)         the prisoner is serving 2 or more parole terms; and

            (b)         those parole terms are to be aggregated under section 94; and

            (c)         2 or more of those parole terms are for prescribed offences.

        (3)         If this subsection applies to a prisoner then, for the purposes of section 93(1), the prisoner is eligible to be released on parole when he or she has served the greater of —

            (a)         the aggregate of the mandatory minimum sentences applicable to each of the prescribed offences that he or she is serving; or

            (b)         the period that, under sections 93(1) and 94, he or she would be required to serve before being eligible to be released on parole if the offences were not prescribed offences.

        (4)         If a parole term was imposed before the Sentencing Legislation Amendment Act 2014 Part 2 comes into operation, this Division and the Sentence Administration Act 2003 Part 3 Division 3 apply to and in relation to that parole term as if the Sentencing Legislation Amendment Act 2014 Part 2 had not been enacted.

        [Section 95A inserted: No. 6 of 2014 s. 6.]



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