Western Australian Repealed Acts

This legislation has been repealed.

SENTENCE ADMINISTRATION ACT 1995 - SECT 45

45 .         Resolution of doubtful cases

        (1)         If a doubt or difficulty arises to which this section applies and neither this Act nor the Sentencing Act 1995 nor the Sentencing (Consequential Provisions) Act 1995 makes adequate provision for it, the CEO may apply in a summary way to a Judge of the Supreme Court for an order resolving the doubt or difficulty.

        (2)         On such an application the Judge may make any order he or she considers just and for that purpose may make a declaration as to —

            (a)         the length of any term, any part of a term, or any parole period;

            (b)         any date relevant to a sentence of imprisonment or to the parole or release of a prisoner; or

            (c)         the manner in which the Board is to determine such matters.

        (3)         This section applies to doubts or difficulties as to —

            (a)         the effect of any sentence of imprisonment, including the date it commences, how it is served in relation to other such sentences, when it ends, and when it has been or has been deemed to have been served;

            (b)         any matter relating to parole, including the date when a prisoner is eligible to be released on parole, the parole period applicable in any case and the effect of the suspension or cancellation of parole; or

            (c)         the term to be served by a prisoner who escapes from lawful custody,

                irrespective of whether the sentence was imposed before, on or after the commencement of this Act.