Western Australian Consolidated Acts

SENTENCE ADMINISTRATION ACT 2003 - SECT 7

7 .         Order of service of fixed terms

        (1)         In this section —

        fixed term includes —

            (a)         a period of imprisonment ordered under section 58, 59 or 119A of the Sentencing Act 1995 ; and

            (b)         a period of imprisonment specified in a warrant of commitment issued under the Fines, Penalties and Infringement Notices Enforcement Act 1994 ;

        non-parole period , in relation to a parole term, means the period that under section 93(1) of the Sentencing Act 1995 the prisoner has to serve before he or she is eligible to be released on parole.

        (2)         A prisoner who has to serve 2 or more fixed terms is to serve those terms in this order —

            (a)         firstly, those that are not parole terms are to be served according to whether they are concurrent, partly concurrent or cumulative with one another;

            (b)         secondly, subject to section 94 of the Sentencing Act 1995 and subsection (3), the non-parole periods of those that are parole terms are to be served according to whether those parole terms are concurrent, partly concurrent or cumulative with one another;

            (c)         thirdly, subject to section 94 of the Sentencing Act 1995 and subsection (3), unless and until released on parole, the balance of any parole terms after the end of any non-parole periods are to be served —

                  (i)         cumulatively if the terms are cumulative;

                  (ii)         concurrently if the terms are concurrent or partly concurrent.

        (3)         If after the commencement of Part 2 Division 4 of the Sentencing Legislation Amendment and Repeal Act 2003   ² a prisoner who is serving, or has yet to serve, a parole term imposed before the commencement of that Division is sentenced to serve another parole term, then —

            (a)         the non-parole periods of the terms are to be served according to whether the parole terms are concurrent, partly concurrent or cumulative with one another; and

            (b)         the balance of the parole terms after the end of any non-parole periods are to be served concurrently irrespective of whether the parole terms are concurrent, partly concurrent or cumulative with one another.

        (4)         If while serving a fixed term a prisoner is sentenced to serve another fixed term, other than a fixed term ordered to be served partly concurrently with another term, service of the former is suspended if necessary so that the terms can then be served in the order required by subsection (2).

        [Section 7 amended by No. 41 of 2006 s. 7; No. 3 of 2008 s. 22.]