Western Australian Current Acts

SENTENCE ADMINISTRATION ACT 2003 - SECT 69

69 .         Cancellation, effect of

        (1)         If an early release order in respect of a prisoner serving a fixed term is cancelled after the prisoner is released under the order, the prisoner is then liable to resume serving the fixed term in custody and, subject to subsection (1b), is not entitled to be released until he or she has served the whole of that term.

        (1a)         Subsection (1b) applies to a prisoner who resumes serving a fixed term in custody under subsection (1) if —

            (a)         the early release order was an RRO; and

            (b)         the fixed term is not a parole term and was imposed on or before 30 August 2003.

        (1b)         Subject to Part 2 Division 2, a prisoner to whom this subsection applies is entitled to be released when he or she has served two-thirds of the fixed term.

        (2)         If a parole order in respect of a prisoner serving life imprisonment is cancelled after the prisoner is released under the order, the prisoner is then liable to resume serving the sentence in custody.

        (3)         If a parole order in respect of a prisoner serving indefinite imprisonment is cancelled after the prisoner is released under the order, the prisoner is then liable to resume serving the indefinite imprisonment in custody.

        (4)         If a parole order in respect of a person referred to in section 27B(1) is cancelled after the person is released under the order, the person is liable to be again kept in strict or safe custody at the Governor’s pleasure.

        (5)         Subject to Division 4, this section does not prevent another early release order being made in respect of a prisoner.

        (6)         For the purposes of this section, to calculate the length in days of two-thirds of a fixed term imposed on or before 30 August 2003 —

            (a)         determine the date on which the term as imposed by the court began and will end, and then express the term as a number of days ( T );

            (b)         then divide T by 3 and disregard any remainder;

            (c)         then subtract that result from T and add to the result the number of days of remission that the prisoner has been ordered to forfeit under the Prisons Act 1981 (if any).

        [Section 69 amended: No. 41 of 2006 s. 49; No. 29 of 2008 s. 39(13).]