Western Australian Consolidated Acts

SENTENCING ACT 1995 - SECT 4

4 .         Terms used

        (1)         In this Act —

        bail means bail under the Bail Act 1982 ;

        breach , in relation to an order made under this Act, means to contravene any requirement or obligation of the order or any direction made by the court imposing the order;

        CEO (corrections) means the chief executive officer of the Public Sector agency principally assisting the Minister administering Part 8 of the Sentence Administration Act 2003 in its administration;

        community based order (“CBO”) means a community based order made under Part 9;

        community corrections centre has the same definition as in the Sentence Administration Act 2003 ;

        community corrections officer (“CCO”) has the same definition as in the Sentence Administration Act 2003 ;

        community order means a CBO or an ISO;

        community work includes any form of work, service, or activity approved for the purpose of this definition by the CEO (corrections);

        conditional release order (“CRO”) means a conditional release order made under Part 7;

        conditional suspended imprisonment (“CSI”) means conditional suspended imprisonment imposed under Part 12 Division 1;

        disqualification order means an order made under Part 15;

        intensive supervision order (“ISO”) means an intensive supervision order made under Part 10;

        offence means an offence under a written law;

        offender means a person convicted of an offence;

        pre-sentence order (“PSO”) means a pre-sentence order made under Part 3A;

        speciality court means a court —

            (a)         that is prescribed; and

            (b)         that is sitting at a place prescribed; and

            (c)         that is dealing with offenders of a class prescribed,

        by the regulations and that is constituted by a judicial officer who is approved by the judicial officer who heads the court so prescribed;

        spent conviction order has the meaning given by section 45(2);

        statutory penalty , in relation to an offence, means the penalty specified by a written law for the offence;

        superior court means the Supreme Court or the District Court.

        (2)         In this Act these abbreviations are used:

        CBO for community based order;

        CCO for community corrections officer;

        CRO for conditional release order;

        CSI for conditional suspended imprisonment;

        DPP for Director of Public Prosecutions of the State;

        ISO for intensive supervision order;

        PSO for pre-sentence order.

        (3)         Examples in this Act are provided to assist understanding and do not form part of the Act.

        [Section 4 amended by No. 50 of 2003 s. 4, 14, 23 and 29(3); No. 84 of 2004 s. 65; No. 27 of 2004 s. 6(1) and (2); No. 65 of 2006 s. 45.]