Western Australian Numbered Acts Western Australian Numbered Acts After Schedule 1
clause 5 the following clause is inserted —
“
5A. Minister may discharge certain prisoners from
old parole terms
(1) In this
clause —
"discharge" means a discharge given under
subclause (5);
"Minister" means the Minister administering
Part 8 of the Sentence Administration Act 2003 ;
"old parole term" means a parole term to which the
old provisions apply.
(2) This clause does
not affect the operation of section 95(2) of the Sentencing Act 1995
as it was before the sentencing amendments.
(3) The Prisoners
Review Board established under the Sentence Administration Act 2003 may
at any time give the Minister a report recommending that a person who is
subject to an old parole term and who has served two thirds of the term be
discharged from the term.
(4) Any such report
must deal with the release considerations (as that term is defined in
section 5A of the Sentence Administration Act 2003 ) relating to
the person.
(5) If the Minister,
after considering such a report, is satisfied —
(a) that
the person has served two thirds of the term; and
(b)
after taking into account —
(i)
the release considerations in the report relating to the
person; and
(ii)
section 5B of the Sentence Administration
Act 2003 ,
that the person ought
to be discharged from the term despite the old provisions,
the Minister, in
writing, may discharge the person from the term.
(6) A
discharge —
(a) has
effect on the date of the discharge or on any later date specified in it; and
(b) has
effect despite the old provisions.
(7) If, on the date a
discharge has effect in relation to a person who is subject to an
old parole term, the person is in custody, the person must be released in
respect of that term.
(8) If, on the date a
discharge has effect in relation to a person who is subject to an
old parole term, the person is subject to a parole order made in respect of
that term, the person ceases to be subject to the parole order in so far as it
applies in respect of that term.