Western Australian Numbered Acts Western Australian Numbered Acts (1) In this
section —
"person in custody" means —
(a) a
prisoner sentenced to a fixed term, whether a parole term or not;
(b) a
prisoner sentenced to a life term;
(c) a
prisoner sentenced to indefinite imprisonment;
(d) a
person in strict or safe custody by virtue of an order made under
section 282 of The Criminal Code .
(2) At any time the
Minister, in writing, may request the Board to report about a
person in custody.
(3) The Board must
give the Minister a written report about a person in custody —
(a)
whenever it gets a written request to do so from the Minister;
(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 “person in custody” in subsection (1), at least
once in every year.
(4) A
report —
(a)
must, if given under subsection (3)(a); and
(b) may,
if given under subsection (3)(b) or (c),
recommend whether or
not the Governor should be advised to exercise any power vested in the
Governor to release the person in custody and, if release is recommended, the
requirements or conditions (if any) that should apply to the person’s
release.
(5) If a report under
subsection (3) about a person in custody recommends that the person be
released, the report must, in addition to any other matters the Board thinks
fit, report —
(a) on
the nature and circumstances of the offence that gave rise to the person being
in custody; and
(b) if
parole is recommended —
(i)
on the parole considerations (within the meaning of
section 16) relating to the person;
(ii)
on the period for which the person should be on parole;
and
(iii)
on the additional requirements (if any) to which the
person should be subject while on parole.