Western Australian Consolidated Acts

SENTENCING ACT 1995 - SECT 37

37 .         Correction of sentence

        (1)         If a court sentences an offender in a manner that is not in accordance with this Act or the written law under which the offence is committed, the court may recall the order imposing the sentence and impose a sentence that is.

        (2)         The powers in subsection (1) may be exercised by a court on its own initiative or on an application by the offender or the prosecutor made in accordance with the regulations, but in any event the court must give all parties the opportunity to be heard.

        (3)         If a court’s order imposing a sentence contains a clerical mistake or an error arising from an accidental slip or omission, the court may correct it at any time on its own initiative without recalling the order, but the court must ensure that all parties and relevant authorities are notified of the correction.

        (3a)         A sentence imposed or corrected under this section has effect from the time at which the recalled or incorrect sentence had effect, unless the court orders otherwise.

        (4)         This section does not affect any right of appeal against a sentence.

        (5)         In this section —

        sentence includes an order in addition to sentence.

        [Section 37 amended by No. 5 of 2008 s. 107.]