Western Australian Current Acts

YOUNG OFFENDERS ACT 1994 - SECT 129

129 .         Special order, application to discharge

        (1)         In this section the sentencing court means the court that imposed the special order.

        (2)         On the application of the offender or the chief executive officer, the sentencing court is to review the special order to decide whether it should be discharged.

        (3)         An application cannot be made under this section —

            (a)         less than 6 months after the special order was imposed; or

            (b)         earlier than 3 months before the special order begins to run; or

            (c)         less than 3 months after the special order was most recently reviewed under this section.

        (4)         An application can only be made under this section if the Attorney General consents to the making of it.

        (5)         In making a review under this section the sentencing court may —

            (a)         consult or take advice from any person; and

            (b)         inform itself in such manner as it thinks fit,

                and is to give the offender an opportunity to be heard, either personally or through a legal representative, and to present any evidence or material that the court considers to be relevant.

        (6)         The chief executive officer is to ensure that the sentencing court is provided with such information and assistance as it requires for the purpose of making reviews under this section.

        (7)         To the extent that it is not prescribed by this Act or rules of court the procedure on review proceedings under this section is to be determined by the sentencing court.

        (8)         After making a review under this section the sentencing court may, if it thinks fit, discharge the special order.

        (9)         Nothing in this section affects any right to appeal against the imposition of the special order.