Western Australian Current Acts

YOUNG OFFENDERS ACT 1994 - SECT 123

123 .         Cumulative sentences of detention, service of

        (1)         This section applies if a sentence of detention imposed on a person (the second sentence ) is to be served cumulatively upon another sentence of detention (the first sentence ) and section 122 does not provide for one earliest release day for both sentences.

        (2)         In determining whether a person has been in custody under a sentence for the minimum period required before the offender can be released, time served in custody after the second sentence is imposed counts —

            (a)         if the earliest release day for the first sentence has not been reached, as service under that sentence until the earliest release day for that sentence is reached;

            (b)         after the earliest release day for the first sentence has been or is reached, as service under the second sentence until the earliest release day for the second sentence is reached.

        (3)         Once the earliest release day has been reached for each sentence for which there is an earliest release day, time served in custody counts as service under the first sentence until that sentence has been served, so far as it is required to be, and after that, as service under the second sentence until that sentence has been served, so far as it is required to be.