Western Australian Current Acts

YOUNG OFFENDERS ACT 1994 - SECT 114

114 .         Breach of order, powers to deal with

        (1)         This section applies if —

            (a)         in proceedings for an offence, the court finds that a person who is subject to a conditional release order committed that offence while released under the order; or

            (b)         in proceedings resulting from a notice to attend court given under section 113, the court finds that a person who is subject to a conditional release order has failed to comply with any condition or undertaking upon which the order was made; or

            (c)         in proceedings for an offence, the court makes a finding under section 115(a) or (b).

        (2)         If this section applies the court may —

            (a)         order that no further action be taken because of the failure to comply with a condition or undertaking upon which the conditional release order was made; or

            (b)         amend or cancel the conditional release order; or

            (c)         if the court has made a finding under section 115(a) or (b), order that the conditional release order is to be taken for the purposes of this section not to have run its term but to have been cancelled on the day on which the offence was committed or the day on which the court finds that the person failed to comply with any condition or undertaking upon which the order was made, as the case may be.

        (3)         The discretion given by subsection (2)(a) to order that no further action be taken can only be used if the court is satisfied that the failure is of such a trivial nature that no further action is appropriate, and the court making such an order is to record in writing the reasons why it considers that no further action is appropriate.

        (4)         The court, when considering how to dispose of the matter under subsection (2), is to take into account —

            (a)         the time for which the person has been complying with supervision conditions under the order; and

            (b)         anything that was done, or that was not done but should have been done, under the order,

                and may take into account, either as an aggravating or a mitigating factor, the behaviour of the offender in doing anything under the order.

        [Section 114 amended: No. 58 of 2004 s. 24.]