Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A court of summary
jurisdiction that convicts a prisoner of an aggravated prison offence may
impose one or more of the following penalties —
(a) in
the case of an offence under section 70, other than
paragraph (c) —
(i)
imprisonment for a term not exceeding 6 months, the
term to be cumulative upon any term or terms of imprisonment that the offender
is undergoing or is liable to undergo;
(ii)
a fine of $300;
(iii)
separate confinement in a punishment cell for a period
not exceeding 28 days, but a prisoner undergoing punishment under this
subparagraph shall spend 48 hours out of the punishment cell after each
period of 7 days in separate confinement and, unless the prisoner is in
custody only for the purpose of undergoing that punishment, any such period of
48 hours shall not be reckoned as time spent undergoing the punishment of
separate confinement;
and
(b) in
the case of an offence under section 10(2) or 70(c), imprisonment for a
term not exceeding 12 months, the term to be cumulative upon any term or
terms of imprisonment that the offender is undergoing or is liable to undergo.
(2) Where in
determining a charge of an offence referred to in subsection (1)(a), a
court of summary jurisdiction considers that in the circumstances it is
inexpedient to impose a penalty under subsection (1)(a), it may impose a
penalty as if the offence were a minor prison offence.
[Section 79 amended by No. 47 of 1991
s. 7; No. 78 of 1995 s. 110; No. 59 of 2004 s. 141;
No. 65 of 2006 s. 27.]