Western Australian Repealed Acts

This legislation has been repealed.

SENTENCE ADMINISTRATION ACT 1995 - SECT 72

72 .         Returning prisoner to custody

        (1)         When an early release order is suspended or cancelled, the warrant of commitment that relates to the sentence of imprisonment to which the early release order relates is again in force and the prisoner may be arrested and kept in custody under that warrant.

        (2)         Despite subsection (1), if an early release order is suspended or cancelled as mentioned in subsection (1), a warrant to have the prisoner arrested and returned to custody may be issued, whenever necessary —

            (a)         by a Supreme Court Judge or a District Court Judge;

            (b)         by the Board if it suspended or cancelled the order; or

            (c)         by the CEO if the CEO suspended or cancelled the order.

        (3)         Notwithstanding sections 44 and 68, a warrant under subsection (2) may be issued, and the prisoner may be arrested, whether under that warrant or under the warrant of commitment referred to in subsection (1) at any time —

            (a)         during or after the period of the early release order; or

            (b)         after the date when, but for the suspension or cancellation of the early release order, the prisoner would have served or be taken to have served the term to which the order relates.