Western Australian Consolidated Acts

YOUNG OFFENDERS ACT 1994 - SECT 149

149 .         Suspension or cancellation of order, effect of

        (1)         If the chief executive officer suspends the supervised release order or if it is cancelled under section 147(1)(e) or by the operation of section 147A(1), the chief executive officer is to issue a warrant for the offender to be apprehended and returned to the custody from which the offender was released under the order.

        (2)         If the Board suspends or cancels the supervised release order, the Secretary is to issue a warrant for the offender to be apprehended and returned to the custody from which the offender was released under the order.

        (3)         The terms of a supervised release order that has been suspended continue to run until the expiry date of that sentence or until the order is cancelled, and the sentence to which that order relates continues to run despite the suspension of the order.

        (4)         Subject to subsection (5) the time during which the offender was released under the order before the order was cancelled is to be taken to be time that the offender served in custody under any sentence that the offender would have been serving if not released.

        (5)         If the offender is found guilty of another offence and the supervised release order is cancelled by operation of section 145(2) or section 147A, the time between the commission of that offence and the return of the offender to custody does not count for the purposes of subsection (4).

        (6)         If, after the order has been suspended, the Board removes the suspension, the offender is again to be released from custody subject to the conditions of the order.

        (7)         Cancellation of a supervised release order does not prevent another supervised release order from being subsequently made.

        [Section 149 amended by No. 58 of 2004 s. 31.]