Western Australian Current Acts Western Australian Current Acts (1) When an early
release order is suspended or cancelled, the warrant of commitment that
relates to the sentence of imprisonment to which the early release order
relates is again in force and the prisoner may be arrested and kept in custody
under that warrant.
(2) Despite subsection
(1), if an early release order is suspended or cancelled as mentioned in
subsection (1), a warrant to have the prisoner arrested and returned to
custody may be issued, whenever necessary during the period of the order
—
(a) by a
Supreme Court judge or a District Court judge; or
(b) by
the Board if it suspended or cancelled the order; or
(c) by
the CEO if the CEO suspended the order.
(3) If a warrant under
subsection (2) is issued because of the suspension of an early release order,
the prisoner may be arrested, whether under that warrant or under the warrant
of commitment referred to in subsection (1), at any time during the period of
the order.
(4) Notwithstanding
section 65 or 74, if a warrant under subsection (2) is issued because of the
cancellation of an early release order, the prisoner may be arrested, whether
under that warrant or under the warrant of commitment referred to in
subsection (1), at any time —
(a)
during or after the period of the order; or
(b)
after the date when, but for the cancellation of the order, the prisoner would
have served or be taken to have served the term or terms to which the order
relates.
[Section 70 amended: No. 41 of 2006 s. 50.]
[Section 70. Modifications to be applied in order
to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009.
See endnote 1M.]