Western Australian Consolidated Acts Western Australian Consolidated Acts (1) At any time the
Minister, in writing, may request the Board to report about a prisoner.
(2) The Board must
give the Minister a written report about a prisoner —
(a)
whenever it gets a written request to do so from the Minister; and
(b)
whenever it thinks there are special circumstances which justify doing so; and
(c) in
any event, in the case of a person referred to in paragraph (d) of the
definition of prisoner in section 4(2), at least once in every year.
(3) A report given
under subsection (2) must deal with the release considerations relating
to the prisoner.
(4) A
report —
(a)
must, if given under subsection (2)(a); and
(b) may,
if given under subsection (2)(b) or (c),
recommend whether or
not the Governor should be advised to exercise any power vested in the
Governor to release the prisoner and, if release is recommended, the
requirements or conditions (if any) that should apply to the prisoner’s
release.
(5) If a report given
under subsection (2) about a prisoner recommends that the prisoner be
released, the report must, in addition to addressing the matters required by
subsections (3) and (4), report —
(a) on
the nature and circumstances of the offence that gave rise to the prisoner
being in custody; and
(b) if
parole is recommended —
(i)
on the period for which the prisoner should be on parole;
and
(ii)
on the additional requirements (if any) to which the
prisoner should be subject while on parole,
and may address any
other matters the Board thinks fit.
(6) In the case of a
person referred to in paragraph (d) of the definition of prisoner in
section 4(2) Minister , in this section, means the Minister administering
Chapter XXVIII of The Criminal Code .
[Section 12 inserted by No. 41 of 2006
s. 11; amended by No. 29 of 2008 s. 39(5).]