Western Australian Current Acts Western Australian Current Acts (1) If a doubt or
difficulty arises to which this section applies and neither this Act nor the
Sentencing Act 1995 nor the Sentencing Legislation Amendment and Repeal Act
2003 makes adequate provision for it, the CEO may apply in a summary way to a
judge of the Supreme Court for an order resolving the doubt or difficulty.
(2) On such an
application the judge may make any order he or she considers just and for that
purpose may make a declaration as to —
(a) the
length of any term, any part of a term, or any parole period; or
(b) any
date relevant to a sentence of imprisonment or to the parole or release of a
prisoner; or
(c) the
manner in which the Board or the CEO is to determine such matters.
(3) This section
applies to doubts or difficulties as to —
(a) the
effect of any sentence of imprisonment, including the date it commences, how
it is served in relation to other such sentences, when it ends, and when it
has been or has been deemed to have been served; or
(b) any
matter relating to parole, including the date when a prisoner is eligible to
be released on parole, the parole period applicable in any case and the effect
of the suspension or cancellation of parole; or
(c) the
term to be served by a prisoner who escapes from lawful custody,
irrespective of when
the sentence was imposed.
[Section 49 amended: No. 41 of 2006 s. 40.]