Western Australian Numbered Acts Western Australian Numbered Acts (1) In this
section —
"fixed term" includes a period of imprisonment
ordered under section 58, 59 or 119A of the Sentencing Act 1995 ;
"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
sentenced 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 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 (1).