Western Australian Current Acts Western Australian Current Acts In this Act a
reference to the release considerations relating to a prisoner is a reference
to these considerations —
(a) the
degree of risk (having regard to any likelihood of the prisoner committing an
offence when subject to an early release order and the likely nature and
seriousness of any such offence) that the release of the prisoner would appear
to present to the personal safety of people in the community or of any
individual in the community;
(b) the
circumstances of the commission of, and the seriousness of, an offence for
which the prisoner is in custody;
(c) any
remarks by a court that has sentenced the prisoner to imprisonment that are
relevant to any of the matters mentioned in paragraph (a) or (b);
(d)
issues for any victim of the prisoner if the prisoner is released, including
any matter raised in a victim’s submission;
(e) the
behaviour of the prisoner when in custody insofar as it may be relevant to
determining how the prisoner is likely to behave if released;
(f)
whether the prisoner has participated in programmes available to the prisoner
when in custody, and if not the reasons for not doing so;
(g) the
prisoner’s performance when participating in a programme mentioned in
paragraph (f);
(h) the
behaviour of the prisoner when subject to any release order made previously;
(i)
the likelihood of the prisoner committing an offence when
subject to an early release order;
(j) the
likelihood of the prisoner complying with the standard obligations and any
additional requirements of any early release order;
(k) any
other consideration that is or may be relevant to whether the prisoner should
be released.
[Section 5A inserted: No. 41 of 2006 s. 6;
amended: No. 49 of 2016 s. 108.]