Western Australian Consolidated Acts

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SENTENCE ADMINISTRATION ACT 2003 - SECT 12A

12A .         Reports by Board to Minister about prisoners serving life terms or indefinite imprisonment

        (1)         In this section —

        prisoner means a person serving a sentence described in column 1 of the Table to this section.

        (2)         The Board must give the Minister a written report about a prisoner at the times stated in columns 2 and 3 of the Table to this section, whether or not it has given the Minister a report about the prisoner under section 12.

        (3)         A report given under subsection (2) must deal with the release considerations relating to the prisoner.

        (4)         If a report given under subsection (2) recommends that the prisoner be released, the report must, in addition to any other matters the Board thinks fit, report on —

            (a)         whether the prisoner should be released on parole; and

            (b)         if release on parole is recommended —

                  (i)         the period for which the prisoner should be on parole; and

                  (ii)         the additional requirements (if any) to which the prisoner should be subject while on parole.

        (5)         A report given under subsection (2) may 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.

Table

Type of sentence

When report due

When subsequent reports are due

Life imprisonment for an offence other than murder

7 years after the day on which the term began or is taken to have begun

Every 3 years after that

Life imprisonment for murder where a minimum period has been set under section 90(1)(a) of the Sentencing Act 1995

At the end of the minimum period

Every 3 years after that

Indefinite imprisonment

One year after the day on which the sentence began

Every 3 years after that

        [Section 12A inserted by No. 41 of 2006 s. 11; amended by No. 29 of 2008 s. 39(6).]

        [Heading inserted by No. 41 of 2006 s. 12.]



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