Western Australian Current Acts

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SENTENCE ADMINISTRATION ACT 2003 - SECT 5C

5C .         Victim’s submission to Board

        (1)         A victim’s submission is a written submission by a victim of an offender who is in custody that does either or both of the following —

            (a)         states the victim’s opinion of the effect the release of the prisoner would have on the victim;

            (b)         makes suggestions about the conditions that should apply to the prisoner if released.

        (2)         If a victim is personally incapable of making a victim’s submission due to age, disability or infirmity, a person may make a victim’s submission on the victim’s behalf.

        (3)         The Board and the CEO are to establish procedures for the making of victims’ submissions and their receipt by or transmission to the Board.

        (4)         In performing its functions, the Board is to have regard to any victim’s submission received by or transmitted to it in accordance with the procedures and is to give the submission such weight as it sees fit.

        (5)         The Board must not —

            (a)         give a victim’s submission, or a copy of a victim’s submission, to the prisoner or to any person acting for or on behalf of, or representing, the prisoner; or

            (b)         allow the prisoner or any person acting for or on behalf of, or representing, the prisoner to view a victim’s submission.

        [Section 5C inserted: No. 41 of 2006 s. 6; amended: No. 49 of 2016 s. 109.]



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