Western Australian Repealed Acts

This legislation has been repealed.

SENTENCE ADMINISTRATION ACT 1995 - SECT 8

8 .         Order of service of fixed terms

        (1)         A prisoner sentenced to serve 2 or more fixed terms is to serve those terms in this order —

            (a)         firstly, those that are not parole terms are to be served according to whether they are concurrent or cumulative with one another;

            (b)         secondly, the non-parole periods of those that are parole terms are to be served according to whether those parole terms are concurrent or cumulative with one another;

            (c)         thirdly, unless and until released on parole, the balance of any parole terms after the end of any non-parole periods are to be served according to whether they are concurrent or cumulative with one another.

        (2)         If while serving a fixed term a prisoner is sentenced to serve another fixed term, other than a fixed term ordered to be served partly cumulatively on another term, service of the former is suspended if necessary so that the terms can then be served in the order required by subsection (1).

(3)

In this section —

        “fixed term” includes a period of imprisonment ordered under section 58 or 59 of the Sentencing Act 1995 ;

        “non-parole period” , in relation to a parole term, means the period that under section 93 of the Sentencing Act 1995 the prisoner has to serve before he or she is eligible to be released on parole.

        [Section 8 amended by No. 29 of 1998 s.13.]