Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where the
Attorney-General or the prisoner, or any other person who has requested or
consented to the transfer of the prisoner, is dissatisfied with the decision
of the Magistrates Court under section 13, the Attorney-General, the
prisoner or that person, as the case may be, may, within 14 days of the
decision, apply to the Supreme Court for a review of the decision and the
Supreme Court may review the decision.
(2) The prisoner shall
be entitled to be present and may be represented by a legal practitioner at
the review and for that purpose any court or a person authorised by the rules
of the Supreme Court may, by order in writing, direct the superintendent of
the prison where the prisoner is then imprisoned to bring the prisoner to the
place of the review specified in the order on a date and at a time so
specified.
(3) The
Attorney-General and any other person who has requested or consented to the
transfer of the prisoner shall be entitled to appear or be represented at the
review.
(4) The review of the
decision shall be by way of rehearing on the evidence, if any, given before
the Magistrates Court and on any evidence in addition to the evidence so
given.
(5) Upon the review of
a decision, the Supreme Court may confirm the decision or quash the decision
and substitute a new decision in its stead.
(6) For the purpose of
giving effect to any such substituted decision, the Supreme Court may issue an
order for the transfer of the prisoner to the appropriate participating State
or Territory.
[Section 14 amended by No. 72 of 1986
s. 12; No. 59 of 2004 s. 141.]