Western Australian Current Acts

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SENTENCE ADMINISTRATION ACT 2003 - SECT 116

116 .         Arrest warrant may be issued if warrant of commitment in force

        (1)         If a court has issued a warrant of commitment in respect of an offender that requires the offender to be imprisoned for a period, then at any time before the prisoner has served the period the CEO may issue a warrant to have the offender arrested and taken to a prison to serve or to continue to serve the period.

        (2)         A warrant must not be issued under subsection (1) if the offender has been released pursuant to an order made in accordance with this Act or another written law in respect of the sentence or made in the exercise of the Royal Prerogative of Mercy.

        (3)         Without limiting subsection (1) or affecting subsection (2), a warrant may be issued under subsection (1) if in error an offender is released before having served the period of imprisonment specified in the warrant of commitment.

        (4)         Subsection (1) does not limit any power to arrest a person who has escaped lawful custody.



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