Western Australian Current Acts Western Australian Current Acts (1) If this Division
applies to the offender and the court imposes a custodial sentence on the
offender, the court, when disposing of the matter, may also make a special
order in accordance with this Division.
(2) In deciding
whether to make a special order the court is to have regard to the periods
that have elapsed before the offender has re-offended after being released
from previous custodial sentences.
(3) A special order
can only be made if the Director of Public Prosecutions, after giving the
offender notice that such a submission is proposed, submits to the court that
a special order should be made.
(4) If the court makes
a special order and the custodial sentence referred to in subsection (1) is a
term of imprisonment, the court cannot make a parole eligibility order under
Part 13 of the Sentencing Act 1995 in respect of that term.
(5) Without limiting
section 21 of the Children’s Court of Western Australia Act 1988 , the
court cannot make a special order if it is constituted by or so as to include
a magistrate.
[Section 126 amended: No. 78 of 1995 s. 145.]