Western Australia: Sentencing Act 1995 (WA)

Western Australia Sentencing Act 1995 Western Australia Sentencing Act 1995 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Application of this Act 1 4A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies 1 4. Terms used 1 5. Civil liability not affected 1 Part 2 — General matters Division 1 — Sentencing principles 6. Principles of sentencing 1 7. Aggravating factors 1 8. Mitigating factors 1 9AA. Plea of guilty, sentence may be reduced in case of 1 Division 2A — Sentencing where declared criminal organisations involved 9A. Terms used 1 9B. Application of this Division 1 9C. Principal objectives of sentencing for offences where declared criminal organisation involved 1 9D. Mandatory minimum sentences where declared criminal organisation involved 1 9E. Section 9D not applicable to persons aged under 18 1 9F. Further provisions relating to mandatory minimum sentences imposed under section 9D 1 9G. Eligibility for parole 1 Division 2 — Miscellaneous 9. Statutory penalty, effect of 1 10. Change of statutory penalty, effect of 1 11. Person not to be sentenced twice on same evidence 1 12. Common law bonds abolished 1 Part 3 — Matters preliminary to sentencing Division 1 — Preliminary 13. Term used: victim 1 Division 2 — General 14. Offender to be present for sentencing M 1 14A. Video link, use of for sentencing 1 15. Court may inform itself as it thinks fit 1 16. Adjourning sentencing 1 17. Court's powers on adjourning 1 18. Committal for sentence 1 Division 3 — Information about the offender 20. Pre‑sentence report, court may order 1 21. Pre‑sentence report, content of 1 22. Pre‑sentence report, preparation of 1 23. Offender's time in custody etc., information about 1 Division 4 — Information about victims etc. 23A. Terms used 1 24. Victim impact statement, who may give 1 25. Victim impact statement, content of 1 26. Court's functions in relation to victim impact statement 1 Division 5 — Mediation 27. Mediation report, court may order and receive 1 28. Mediation report, content of 1 29. Mediation report, preparation of 1 30. Mediation report, court's powers as to 1 Division 6 — Other pending charges 31. Term used: pending charge 1 32. Pending charges, offender may request court to deal with 1 33. Pending charges, court may deal with 1 Part 3A — Pre‑sentence order Division 1 — General 33A. When PSO may be made 1 33B. PSO, nature of 1 33C. Making a PSO 1 33D. PSO, standard obligations of 1 33E. PSO, primary requirements of 1 33F. Supervision requirement 1 33G. Programme requirement 1 33H. Curfew requirement 1 33HA. Electronic monitoring requirement 1 33I. Performance reports about offenders on PSOs 1 33J. Sentencing day, offender to be sentenced on etc. 1 33K. Sentencing offender after PSO 1 Division 2 — Amending and enforcing PSOs 33L. Term used: requirement 1 33M. Application to amend or cancel PSO 1 33N. Court may confirm, amend or cancel PSO 1 33O. Re‑offending while subject to PSO, consequences of 1 33P. Breach etc. of PSO, powers of CEO (corrections) and court 1 33Q. Facilitation of proof 1 Part 4 — The sentencing process 34. Explanation of sentence M 1 35. Reasons for imprisonment to be given in some cases 1 36. Warrant of commitment to be issued if imprisonment imposed 1 37. Correction of sentence 1 37A. Offender reneging on promise to assist authorities may be re‑sentenced 1 38. Imprisonment by JPs, magistrate to review 1 Part 5 — Sentencing options 39. Natural person, sentences for 1 40. Body corporate, sentences for 1 41. If statutory penalty is imprisonment only: sentencing options 1 42. If statutory penalty is imprisonment and fine: sentencing options 1 43. If statutory penalty is imprisonment or fine: sentencing options 1 44. If statutory penalty is fine only: sentencing options 1 45. Spent conviction order, making and effect of 1 Part 6 — Release of offender without sentence 46. Release without sentence 1 Part 7 — Conditional release order 47. When CRO may be imposed 1 48. CRO, nature of 1 49. CRO, requirements of 1 50. Court may direct offender to re‑appear 1 51. Ensuring compliance with CRO 1 52. Enforcing CRO 1 Part 8 — Fine 53. Considerations when imposing fine 1 54. One fine for 2 or more offences 1 55. Apportionment of fine between joint offenders 1 56. Assault victim may be awarded fine 1 57. Enforcement of fine 1 57A. Enforcement of fine by means of WDO 1 57B. Court may cancel s. 57A order on application of Fines Enforcement Registrar 1 58. Imprisonment until fine paid 1 59. Imprisonment if fine not paid 1 60. Application of fine etc. 1 Part 8A — Suspended fine 60A. When fine may be suspended 1 60B. Effect of suspending fine 1 60C. Re‑offender may be dealt with or committed 1 60D. Alleging re‑offending in court 1 60E. How re‑offender to be dealt with 1 Part 9 — Community based order 61. Pre‑sentence report optional before imposing CBO 1 62. CBO, nature of 1 63. CBO, standard obligations of 1 64. CBO, primary requirements of 1 65. Supervision requirement 1 66. Programme requirement 1 67. Community service requirement 1 67A. Electronic monitoring requirement 1 Part 10 — Intensive supervision order 68. Pre‑sentence report mandatory before imposing ISO 1 69. ISO, nature of 1 70. ISO, standard obligations of 1 71. Supervision requirement 1 72. ISO, primary requirements of 1 73. Programme requirement 1 74. Community service requirement 1 75. Curfew requirement 1 76A. Electronic monitoring requirement 1 Part 11 — Suspended imprisonment 76. When imprisonment may be suspended 1 77. Effect of suspending imprisonment 1 78. Re‑offender may be dealt with or committed 1 79. Re‑offending, alleging in court 1 80. How re‑offender to be dealt with 1 Part 12 — Conditional suspended imprisonment Division 1 — Imposition and effect of CSI 81. Certain courts may suspend imprisonment conditionally 1 82. Effect of CSI 1 83. CSI, standard obligations of 1 84. CSI, primary requirements of 1 84A. Programme requirement 1 84B. Supervision requirement 1 84C. Curfew requirement 1 84CA. Electronic monitoring requirement 1 Division 2 — Consequences of re‑offending 84D. Re‑offender may be dealt with or committed 1 84E. Re‑offending, alleging in court 1 84F. How re‑offender to be dealt with 1 Division 3 — Amending, cancelling and enforcing CSI requirements 84G. Term used: CSI requirement 1 84H. Application to amend or cancel CSI requirement 1 84I. Court may confirm, amend or cancel CSI requirement 1 84J. Breach of CSI requirement, offence 1 84K. Offence under s. 84J, procedure and penalty for 1 84L. Additional powers to deal with s. 84J offender 1 84M. Facilitation of proof 1 Division 4 — Functions of speciality courts as to CSI 84N. Application of this Division 1 84O. Speciality court may direct offender on CSI to appear 1 84P. Speciality court to deal with re‑offender 1 84Q. Speciality court to deal with application to amend or cancel CSI 1 84R. Speciality court to deal with proceedings for breaches 1 Part 13 — Imprisonment Division 1 — Preliminary 85. Terms used and calculations 1 Division 2 — Imposing imprisonment 86. Term of 6 months or less not to be imposed 1 87. Time on remand may be taken into account 1 88. Concurrent, cumulative or partly cumulative terms 1 89. Parole eligibility order, court may make 1 90. Life imprisonment for murder, imposing 1 Division 3 — Release from imprisonment 93. Release from parole term 1 94A. Release on parole of prisoners subject to Prisoners (Interstate Transfer) Act 1983 1 94. Aggregation of parole terms for certain purposes 1 95A. Eligibility for parole where certain mandatory minimum sentences imposed 1 95. Release from fixed term that is not parole term 1 96. Release from life imprisonment 1 Division 4 — Miscellaneous 97. Sentence Administration Act 2003, operation of 1 97A. Declaration of serious offence for purposes of High Risk Serious Offenders Act 2020 and Sentence Administration Act 2003 Part 5A 1 Part 14 — Indefinite imprisonment 98. Indefinite imprisonment, superior court may impose 1 99. Other terms not precluded by indefinite imprisonment 1 100. When indefinite imprisonment commences 1 101. Release from indefinite imprisonment 1 Part 15 — Other orders forming part of a sentence Division 1 — General matters 102. General provisions 1 103. Disqualification order, calculation of term of 1 104. Disqualification may be for life 1 Division 2 — Disqualification orders 105. Driver's licence disqualification 1 106. Firearms licence etc. disqualification 1 107. Marine qualification disqualification 1 108. Passport, surrender of etc. 1 Part 16 — Reparation orders Division 1 — General matters 109. Term used: reparation order 1 110. General provisions 1 111. Making a reparation order 1 112. Facts relevant to making reparation order 1 113. Victim's behaviour and relationship relevant 1 114. Civil standard of proof applies 1 114A. Victim may appeal against refusal of reparation order 1 115. Effect of reparation order on civil proceedings etc. 1 Division 2 — Compensation order 116. Terms used 1 117. Compensation order in favour of victim 1 118. Compensation order in favour of third party 1 119. Enforcing compensation order 1 119A. Imprisonment until compensation paid, court may order 1 Division 3 — Restitution order 120. Making restitution order 1 120A. Enforcing restitution order, Sheriff's powers for 1 121. Enforcing restitution order, court's powers for 1 122. Non‑compliance with restitution order, offence 1 Part 17 — Other orders and declarations not forming part of a sentence Division 1 — Preliminary 123. General provisions 1 Division 2 — Orders made under other Acts 124. Restraining Orders Act 1997 s. 63 restraining order, s. 123 applies to 1 124A. Community Protection (Offender Reporting) Act 2004 s. 13 offender reporting order, s. 123 applies to 1 124B. Prohibited Behaviour Orders Act 2010 prohibited behaviour order, s. 123 applies to 1 124C. Orders under Criminal Organisations Control Act 2012 1 Division 3 — Declarations 124D. Terms used 1 124E. Serial family violence offenders 1 124F. Serial family violence offender declaration — related matters 1 124G. Disqualification if declaration made 1 Part 18 — Amending and enforcing conditional release orders and community orders Division 1 — Preliminary 125. Term used: requirements; and interpretation 1 Division 2 — Amending or cancelling conditional release orders and community orders 126. Application to amend or cancel 1 127. Court may confirm, amend or cancel 1 Division 3 — Re‑offending while subject to a conditional release order or a community order 128. Re‑offender may be dealt with or committed 1 129. Re‑offending, alleging in court 1 130. How re‑offender may be dealt with 1 Division 4 — Breaching a conditional release order or a community order 131. Breach of requirement, offence 1 132. Offence under s. 131, procedure and penalty for 1 133. Additional powers to deal with s. 131 offender 1 Division 5 — Miscellaneous 134. Facilitation of proof 1 135. Compliance with CRO or community order to be taken into account 1 136. Re‑sentencing, court's powers for 1 Division 6 — Functions of speciality courts 136A. Application of Division 1 136B. Term used: court 1 136C. Court may direct offender on community order to appear 1 136D. Court to deal with re‑offender 1 136E. Court to deal with application to amend or cancel community order 1 136F. Court to deal with proceedings for breaches 1 Part 18A — Review of conditional orders 136G. Terms used 1 136H. Application to review 1 136I. Court may confirm, amend or cancel 1 Part 19 — Royal Prerogative of Mercy 137. Royal Prerogative of Mercy not affected 1 138. Pardon, effect of 1 139. Order to pay money, Governor may remit 1 140. Petition for mercy may be referred to Court of Appeal 1 141. Offender may be paroled 1 142. Strict security life imprisonment, exercise of Prerogative in case of 1 Part 20 — Miscellaneous 143. Guideline judgments by Court of Appeal 1 143A. Sentencing guidelines for courts of summary jurisdiction 1 144. Chief Justice may report to Parliament 1 145. Non-compliance with procedural requirements, effect of 1 145A. Existence of circumstances of aggravation is question for judge to determine 1 146. Questions of fact in superior courts 1 147. Operation of other Acts not affected 1 147A. Monitoring requirements: additional provisions 1 148. Regulations 1 149. Rules of court 1 Part 21 — Transitional and review provisions 150A. Sentencing Amendment Act 2012 amendments, application of 1 150AB. Application of Sentencing Legislation Amendment Act 2016 amendments about circumstances of aggravation 1 150B. Review of s. 9AA 1 150. Review of Act 1 151. Review of amendments made by Family Violence Legislation Reform Act 2020 1 Schedule 1A — Relevant indictable and simple offences for purposes of Part 2 Division 2A Part 1 — Relevant indictable offences Part 2 — Relevant simple offences Schedule 1 — Acts, fines under which are not to be credited to the Consolidated Account Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Sentencing Act 1995 An Act to consolidate and amend the law relating to the sentencing of offenders. Part 1 — Preliminary 1. Short title This Act may be cited as the Sentencing Act 1995. 2. Commencement The provisions of this Act come into operation on such day as is, or days as are respectively, fixed by proclamation. 3. Application of this Act (1) Subject to this section, this Act applies to all persons convicted of an offence whether or not the offence was committed before this Act comes into operation. (2) In the case of a person who is a young person as defined in the Young Offenders Act 1994, subsection (1) is subject to sections 46 and 46A of the Young Offenders Act 1994. (3) This Act does not apply to or in respect of a person being punished — (a) by the Supreme Court or any other court for or as for contempt of court; or (b) under section 63 of the District Court of Western Australia Act 1969, section 29 of the Children's Court of Western Australia Act 1988 or section 16 of the Magistrates Court Act 2004; or (c) for contempt of a House of Parliament. [Section 3 amended: No. 59 of 2004 s. 141.] 4A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act. [Section 4A inserted: No. 20 of 2013 s. 123.] 4. Terms used (1) In this Act — approved electronic monitoring device means — (a) an electronic monitoring device that has been approved by the CEO (corrections); and (b) any equipment, wires or other items associated with a device under paragraph (a); bail means bail under the Bail Act 1982; breach, in relation to an order made under this Act, means to contravene any requirement or obligation of the order or any direction made by the court imposing the order; CEO (corrections) means the chief executive officer of the Public Sector agency principally assisting the Minister administering Part 8 of the Sentence Administration Act 2003 in its administration; community based order ("CBO") means a community based order made under Part 9; community corrections centre has the same definition as in the Sentence Administration Act 2003; community corrections officer ("CCO") has the same definition as in the Sentence Administration Act 2003; community order means a CBO or an ISO; community work includes any form of work, service, or activity approved for the purpose of this definition by the CEO (corrections); conditional release order ("CRO") means a conditional release order made under Part 7; conditional suspended imprisonment ("CSI") means conditional suspended imprisonment imposed under Part 12 Division 1; designated family relationship means a relationship between 2 persons — (a) who are, or were, married to each other; or (b) who are, or were, in a de facto relationship with each other; or (c) who have, or had, an intimate personal relationship with each other; or (d) one of whom is a child who — (i) ordinarily resides, or resided, with the other person; or (ii) regularly resides or stays, or resided or stayed, with the other person; or (e) one of whom is, or was, a child of whom the other person is a guardian; disqualification order means an order made under Part 15; explosive means a substance or an article that is controlled as an explosive under the Dangerous Goods Safety Act 2004; family violence offence (category A) means an offence where the offender and the victim are in a designated family relationship with each other at the time of the commission of the offence and the offence is an offence against The Criminal Code section 221BD, 279, 280, 281, 283, 292, 293, 294, 297, 298, 300, 301, 304, 313, 317, 317A, 323, 324, 325, 326, 328, 332, 333, 338A, 338B, 338C, 338E or 444; family violence offence (category B) means an offence where the offender and the victim are in a designated family relationship with each other at the time of the commission of the offence and the offence is — (a) an offence against the Restraining Orders Act 1997 section 61(1) or (1A); or (b) an offence against The Criminal Code section 221BD, 279, 280, 281, 283, 292, 293, 294, 297, 298, 300, 301, 304, 313, 317, 317A, 323, 324, 325, 326, 328, 332, 333, 338A, 338B, 338C, 338E or 444; family violence restraining order has the meaning given in the Restraining Orders Act 1997 section 3(1); intensive supervision order ("ISO") means an intensive supervision order made under Part 10; offence means an offence under a written law; offender means a person convicted of an offence; parole eligibility order has the meaning given in section 89(1); prescribed means prescribed in the regulations; pre‑sentence order ("PSO") means a pre‑sentence order made under Part 3A; Prisoners Review Board means the Prisoners Review Board established under the Sentence Administration Act 2003; serial family violence offender means a person who is a serial family violence offender under section 124E; speciality court means a court — (a) that is prescribed; and (b) that is sitting at a place prescribed; and (c) that is dealing with offenders of a class prescribed, by the regulations and that is constituted by a judicial officer who is approved by the judicial officer who heads the court so prescribed; spent conviction order has the meaning given by section 45(2); statutory penalty, in relation to an offence, means the penalty specified by a written law for the offence; superior court means the Supreme Court or the District Court; written reasons includes reasons that are — (a) given orally and subsequently transcribed; and (b) given orally but also recorded electronically in a format that enables them to be subsequently transcribed. (1A) For the purposes of the definition of designated family relationship in subsection (1), an intimate personal relationship exists between 2 persons (including persons of the same sex) if — (a) the persons are engaged to be married to each other, including a betrothal under cultural or religious tradition; or (b) the persons date each other, or have a romantic involvement with each other, whether or not a sexual relationship is involved. (1B) In deciding whether an intimate personal relationship exists under subsection (1A)(b), the following may be taken into account — (a) the circumstances of the relationship, including, for example, the level of trust and commitment; (b) the length of time the relationship has existed; (c) the frequency of contact between the persons; (d) the level of intimacy between the persons. (2) In this Act these abbreviations are used: CBO for community based order; CCO for community corrections officer; CRO for conditional release order; CSI for conditional suspended imprisonment; DPP for Director of Public Prosecutions of the State; ISO for intensive supervision order; PSO for pre‑sentence order. (3) Examples in this Act are provided to assist understanding and do not form part of the Act. (4) In this Act a reference to the suspension of a term or terms of imprisonment is a reference to a suspension of — (a) the whole of the term or terms; or (b) part of the term or terms. [Section 4 amended: No. 50 of 2003 s. 4, 14, 23 and 29(3); No. 84 of 2004 s. 65; No. 27 of 2004 s. 6(1) and (2); No. 65 of 2006 s. 45; No. 45 of 2016 s. 61; No. 13 of 2020 s. 4; No. 30 of 2020 s. 14; No. 28 of 2024 s. 61.] 5. Civil liability not affected This Act (other than section 115) does not affect any civil liability incurred in respect of an act or omission that constitutes an offence. Part 2 — General matters Division 1 — Sentencing principles 6. Principles of sentencing (1) A sentence imposed on an offender must be commensurate with the seriousness of the offence. (2) The seriousness of an offence must be determined by taking into account — (a) the statutory penalty for the offence; and (b) the circumstances of the commission of the offence, including the vulnerability of any victim of the offence; and (c) any aggravating factors; and (d) any mitigating factors. (3) Subsection (1) does not prevent the reduction of a sentence because of — (a) any mitigating factors; or (b) any rule of law as to the totality of sentences. (4) A court must not impose a sentence of imprisonment on an offender unless it decides that — (a) the seriousness of the offence is such that only imprisonment can be justified; or (b) the protection of the community requires it. (5) A court sentencing an offender must take into account any relevant guidelines in a guideline judgment given under section 143. (6) For the purpose of subsection (4), an order under section 58 that a person be imprisoned is not a sentence of imprisonment. [Section 6 amended: No. 23 of 2001 s. 12.] 7. Aggravating factors (1) Aggravating factors are factors which, in the court's opinion, increase the culpability of the offender. (2) An offence is not aggravated by the fact that — (a) the offender pleaded not guilty to it; or (b) the offender has a criminal record; or (c) a previous sentence has not achieved the purpose for which it was imposed. (3) If the statutory penalty for an offence is greater if the offence is committed in certain circumstances than if it is committed without the existence of those circumstances, then — (a) an offender is not liable to the greater statutory penalty unless he or she has been charged and convicted of committing the offence in those circumstances; and (b) whether or not the offender was so charged, the existence of those circumstances may be taken into account as aggravating factors. 8. Mitigating factors (1) Mitigating factors are factors which, in the court's opinion, decrease the culpability of the offender or decrease the extent to which the offender should be punished. (2) The possibility that an order might be made in respect of the offender under the High Risk Serious Offenders Act 2020 is not a mitigating factor. (3) The fact that criminal property confiscation has occurred or may occur is not a mitigating factor. (3a) However, except in the case of derived property, facilitation by the offender of criminal property confiscation is a mitigating factor. (3B) The following are not mitigating factors — (a) the fact that an exclusion order (as defined in the Liquor Control Act 1988 section 152NC) might be or has been made in respect of the offender, or the consequences for the offender of the order being made; (b) the fact that the offender is or will be an excluded offender (as defined in the Liquor Control Act 1988 section 152NZJ(2)), or the consequences for the offender of being an excluded offender under that Act. (4) If because of a mitigating factor a court reduces the sentence it would otherwise have imposed on an offender, the court must state that fact in open court. (5) If because an offender undertakes to assist law enforcement authorities a court reduces the sentence it would otherwise have imposed on the offender, the court must state that fact and the extent of the reduction in open court. (6) In this section — criminal property confiscation means — (a) confiscation of derived property or any other property under section 6, 7 or 8 of the Criminal Property Confiscation Act 2000; or (b) confiscation or forfeiture to the State of derived property under any other written law; derived property means property derived or realised, directly or indirectly, by the offender, or that is subject to the effective control of the offender, as a result of the commission of the offence. [Section 8 amended: No. 29 of 1998 s. 15; No. 26 of 2004 s. 7; No. 41 of 2006 s. 71(1) and 79; No. 42 of 2012 s. 3; No. 17 of 2016 s. 54; No. 29 of 2020 s. 121; No. 44 of 2022 s. 24.] 9AA. Plea of guilty, sentence may be reduced in case of (1) In this section — fixed term has the meaning given in section 85(1); head sentence, for an offence, means the sentence that a court would have imposed for the offence if — (a) the offender had been found guilty after a plea of not guilty; and (b) there were no mitigating factors; victim has the meaning given in section 13. (2) If a person pleads guilty to a charge for an offence, the court may reduce the head sentence for the offence in order to recognise the benefits to the State, and to any victim of or witness to the offence, resulting from the plea. (3) The earlier in the proceedings the plea is made, the greater the reduction in the sentence may be. (4) If the head sentence for an offence is or includes a fixed term, the court must not reduce the fixed term under subsection (2) — (a) by more than 25%; or (b) by 25%, unless the offender pleaded guilty, or indicated that he or she would plead guilty, at the first reasonable opportunity. (5) If a court reduces the head sentence for an offence under subsection (2), the court must state that fact and the extent of the reduction in open court. (6) This section does not prevent the court from reducing the head sentence for an offence because of any mitigating factor other than a plea of guilty. [Section 9AA inserted: No. 42 of 2012 s. 4.] Division 2A — Sentencing where declared criminal organisations involved [Heading inserted: No. 49 of 2012 s. 181(2).] 9A. Terms used (1) In this Division — COC Act means the Criminal Organisations Control Act 2012; COC Act offence means an offence under the COC Act Part 4; declared criminal organisation has the meaning given in the Criminal Organisations Control Act 2012 section 3(1); relevant indictable offence means an indictable offence listed in Schedule 1A Part 1; relevant simple offence means a simple offence listed in Schedule 1A Part 2. (2) A term used in this Division and also in the COC Act has the same meaning in this Division as it has in that Act, unless the term is defined in this Act or the context requires otherwise. [Section 9A inserted: No. 49 of 2012 s. 181(2).] 9B. Application of this Division This Division overrides — (a) Division 1; and (b) The Criminal Code sections 3(5) and 5(8). [Section 9B inserted: No. 49 of 2012 s. 181(2).] 9C. Principal objectives of sentencing for offences where declared criminal organisation involved (1) This section applies to an offender who is convicted of — (a) a COC Act offence; or (b) an offence to which section 9D(3) or (4) applies. (2) The principal objectives of the court in sentencing an offender to which this section applies must be — (a) to denounce the activities of declared criminal organisations, their members and associates; and (b) to protect the community from those activities. [Section 9C inserted: No. 49 of 2012 s. 181(2).] 9D. Mandatory minimum sentences where declared criminal organisation involved (1) Subsections (3) and (4) apply if — (a) an offender is convicted of — (i) a relevant indictable offence, whether the offence is dealt with on indictment or summarily; or (ii) a relevant simple offence; and (b) the offence was committed by that offender — (i) at the direction of a declared criminal organisation; or (ii) in association with one or more persons who, at the time of the commission of the offence, were members of a declared criminal organisation (whether or not those persons were also convicted of the offence), but only if the offender knew, at the time of the commission of the offence, that one or more of those persons were members of a declared criminal organisation; or (iii) for the benefit of a declared criminal organisation. (2) For the purposes of subsection (1), if, at the time of the commission of the offence, the offender was a member of a declared criminal organisation — (a) it is presumed that the offence was committed by the offender in all of the circumstances referred to in subsection (1)(b)(i) to (iii), without the prosecution having to show which of those circumstances actually applies; and (b) that presumption is rebutted only if the offender shows that the offence was not committed in any of those circumstances. (3) If this subsection applies, and the offence of which the offender was convicted is a relevant indictable offence dealt with on indictment, the court must impose on the offender — (a) if the statutory penalty for the offence includes life imprisonment, a term of imprisonment of not less than 15 years; or (b) if the statutory penalty for the offence is or includes a period of imprisonment (but not life imprisonment), a term of imprisonment of not less than 75% of that statutory penalty, but in no case less than 2 years (even if the maximum penalty for the offence is otherwise less than 2 years' imprisonment); or (c) if the statutory penalty for the offence does not otherwise include imprisonment, a term of imprisonment of 2 years. (4) If this subsection applies, and the offence of which the offender was convicted is a relevant indictable offence dealt with summarily or a relevant simple offence, the court must impose on the offender — (a) if the statutory penalty for the offence is or includes a period of imprisonment, a term of imprisonment of not less than 2 years (even if the maximum penalty for the offence is otherwise less than 2 years' imprisonment); or (b) if the statutory penalty for the offence does not otherwise include imprisonment, a term of imprisonment of 2 years. (5) However, the court must sentence the offender under subsection (3) if the offence is a relevant indictable offence dealt with summarily but the offender is committed for sentence and, under The Criminal Code section 5(10), is liable to the penalty with which the offence is punishable on indictment. (6) This section is subject to section 9E. [Section 9D inserted: No. 49 of 2012 s. 181(2).] 9E. Section 9D not applicable to persons aged under 18 Section 9D does not apply to an offender who, at the time of the commission of the offence, was under 18 years of age. [Section 9E inserted: No. 49 of 2012 s. 181(2).] 9F. Further provisions relating to mandatory minimum sentences imposed under section 9D (1) A court must not suspend a term of imprisonment imposed under section 9D(3) or (4). (2) Section 9D does not prevent the court from — (a) imposing life imprisonment, if life imprisonment may be imposed for the offence; or (b) imposing indefinite imprisonment under Part 14; or (c) fining the offender as well as imposing a term of imprisonment if — (i) both imprisonment and a fine may be imposed for the offence; or (ii) section 9D(3)(c) or (4)(b) applies. [Section 9F inserted: No. 49 of 2012 s. 181(2).] 9G. Eligibility for parole (1) If a court sentences an offender to a fixed term of imprisonment under section 9D(3) or (4), the court must not make a parole eligibility order in respect of that term of imprisonment. (2) Subsection (1) overrides section 89. (3) Subsection (4) applies if — (a) an offender is convicted of murder; and (b) section 9D(3) applies to the offender in respect of that offence; and (c) the court sentences the offender to life imprisonment for that offence; and (d) under section 90(1)(a), the court sets a minimum period that the offender must serve before being eligible for release on parole. (4) If this subsection applies, the court must set a minimum period of at least 20 years. (5) Subsection (4) overrides section 90(1)(a). [Section 9G inserted: No. 49 of 2012 s. 181(2); amended: No. 45 of 2016 s. 62.] Division 2 — Miscellaneous 9. Statutory penalty, effect of (1) Part 5 applies to and in respect of the statutory penalty for an offence. (2) If the statutory penalty for an offence is a fine of a particular amount or a particular term of imprisonment, then that penalty is the maximum penalty that may be imposed for that offence and, unless the statutory penalty — (a) is a mandatory penalty; or (b) includes a minimum penalty, a lesser penalty of the same kind may be imposed. (3) If the statutory penalty for an offence specifies a minimum and a maximum penalty, the penalty to be imposed for the offence must be at least that minimum and not more than that maximum. [(4) deleted] (5) The fact that a court is required to impose a mandatory penalty or a minimum penalty does not prevent it from — (a) making a spent conviction order under Part 5 if the sentencing option imposed by the court is one of the sentencing options in section 39(2)(a) to (d); or (b) making an order under Part 15, 16 or 17. (6) If the statutory penalty for an offence specifies more than one penalty, the use of the word "and" between the penalties means that the penalties may be imposed alternatively or cumulatively. (7) If the statutory penalty for an offence specifies a daily penalty, that penalty may be imposed for each day or part of a day during which the offence continues, in addition to any other penalty that may be imposed for the offence. (8) In this section a reference to a mandatory penalty is a reference to a penalty that must be imposed, whether the expression "mandatory penalty" or a like expression is used. (9) In this section a reference to a minimum penalty is a reference to a penalty expressed to be a minimum penalty, whether by use of the expression "minimum penalty" or "not less than" or another like expression. [Section 9 amended: No. 50 of 2003 s. 9; No. 8 of 2009 s. 115(2); No. 47 of 2011 s. 26(3).] 10. Change of statutory penalty, effect of If the statutory penalty for an offence changes between the time when the offender committed it and the time when the offender is sentenced for it, the lesser statutory penalty applies for the purposes of sentencing the offender. 11. Person not to be sentenced twice on same evidence (1) If the evidence necessary to establish the commission by a person of an offence under the law of this State is also the evidence necessary to establish the commission by that person of another such offence, the person may be charged and convicted of each offence but is not to be sentenced for more than one of the offences. (2) If the evidence necessary to establish the commission by a person of an offence under the law of this State is also the evidence necessary to establish the commission by that person of an offence under the law of the Commonwealth, a Territory or another State, and the person has been sentenced for the offence under the law of that other place, the person is not to be sentenced for the offence under the law of this State. (3) Despite subsections (1) and (2), if an act or omission of an offender causes the death of another, the offender may be sentenced for the offence of which he or she is guilty by reason of causing the death despite the fact that he or she has already been sentenced for some other offence constituted by that act or omission. (4) Nothing in this section affects the operation of section 17 of The Criminal Code. 12. Common law bonds abolished The jurisdiction at common law to require an offender to enter into a bond, a recognisance, or a surety, to be of good behaviour or to keep the peace, or to appear for sentence when called upon, is abolished. Part 3 — Matters preliminary to sentencing Division 1 — Preliminary 13. Term used: victim In this Part — victim, in relation to an offence, means — (a) a person who, or body that, has suffered injury, loss or damage as a direct result of the offence, whether or not that injury, loss or damage was reasonably foreseeable by the offender; (b) where the offence results in a death, any member of the immediate family of the deceased. Division 2 — General 14. Offender to be present for sentencing 2M (1) A court is not to sentence an offender unless the offender is personally present in court or appears before the court by video link under section 14A. (2) Despite subsection (1), a court may, in an offender's absence — (a) under Part 6 impose no sentence; or (b) under Part 8 impose a fine; or (c) under Part 8A impose a suspended fine, and, in connection with such a sentence, may also make an order under Part 15, 16, or 17, or under another written law if that law does not require the offender to be present when such an order is made. (3) Despite subsection (1), a court may sentence an offender in his or her absence if the offender is in custody and the proceedings, because of the offender's conduct, have been directed to proceed in the offender's absence. (4) Despite subsection (2) or any other law that does not require an offender to be present when a sentence is imposed, a court may require an offender to appear personally to be sentenced. (5) For the purposes of subsections (1) and (4), a court may compel an offender to appear personally to be sentenced by — (a) issuing a summons and, if it is not obeyed, a warrant for the offender's arrest; or (b) issuing a warrant for the offender's arrest. (6) A summons issued under subsection (5) is to be served by pre‑paid post unless the court directs it be served personally. [Section 14 amended: No. 48 of 1998 s. 13; No. 45 of 2016 s. 48.] [Section 14: modified by the COVID-19 Response and Economic Recovery Omnibus Act 2020 (34 of 2020) Part. 4 Division 4 Subdivision 1: See endnote 2M.] 14A. Video link, use of for sentencing (1) A court sentencing an offender may, on its own initiative or on an application by the prosecutor or the offender, direct that the offender appear before it by video link from a place in this State. (2) The court shall not make a direction under subsection (1) unless it is satisfied that — (a) the video link is available or can reasonably be made available; and (b) the direction is in the interests of justice. (3) The place where an offender attends for sentencing by video link is taken to be part of the court for the purposes of the sentencing. (4) In this section — video link means facilities (including closed circuit television) that enable, at the same time, a court at one place to see and hear a person at another place and vice versa. [Section 14A inserted: No. 48 of 1998 s. 14.] [Section 14A. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009. See endnote 1M.] [14B. Modified by the COVID-19 Response and Economic Recovery Omnibus Act 2020 (34 of 2020) Part. 4 Division 4 Subdivision 1: See endnote 2M.] 15. Court may inform itself as it thinks fit To decide on the proper sentence to be imposed, or on imposing an order in addition to sentence, a court sentencing an offender may inform itself in any way it thinks fit. 16. Adjourning sentencing (1) A court may adjourn the sentencing of an offender — (a) to obtain information about the offence, the offender or a victim; or (b) to allow a pre‑sentence report to be prepared for the court under Division 3; or (c) to enable a victim impact statement to be given to the court under Division 4; or (d) to allow a mediation report to be prepared for the court under Division 5; or (e) to allow a list of pending charges to be prepared under Division 6; or (f) for the making or determination of an application under a written law for the confiscation or forfeiture to the State (otherwise than under the Criminal Property Confiscation Act 2000) of property legitimately owned by the offender and used in, or in connection with, the commission of the offence; or (g) for any other reason the court thinks is proper. (2) The sentencing of an offender must not be adjourned for more than 6 months after the offender is convicted. (3) Subsection (2) does not prevent a court sentencing an offender more than 6 months after the offender is convicted. [Section 16 amended: No. 26 of 2004 s. 8; No. 41 of 2006 s. 71(2).] 17. Court's powers on adjourning (1) A court's power to adjourn the sentencing of an offender may be exercised from time to time. (2) If a court adjourns the sentencing of an offender, it must — (a) fix, or indicate by reference to a fact or event, the time; and (b) fix the place, at which the sentence will be imposed. (3) If a court adjourns the sentencing of an offender, it may grant the offender bail. 18. Committal for sentence This Act does not affect any right or duty of a court of summary jurisdiction to commit an offender to another court for sentence. [Section 18 amended: No. 59 of 2004 s. 141.] [19. Deleted: No. 29 of 1998 s. 18.] Division 3 — Information about the offender 20. Pre‑sentence report, court may order (1) If a court considers it would be assisted in sentencing an offender by a pre‑sentence report about the offender, it may order one. (2) A court committing an offender to another court for sentence may if it thinks fit order a pre‑sentence report for the assistance of that other court. (2a) A court considering imposing a PSO must order a pre‑sentence report about (among any other things) the offender's suitability to be the subject of a PSO. (3) A court considering imposing an ISO must order a pre‑sentence report about (among any other things) the offender's suitability for such a sentence. [Section 20 amended: No. 29 of 1998 s. 18; No. 50 of 2003 s. 5.] 21. Pre‑sentence report, content of (1) When ordering a pre‑sentence report a court may give instructions as to the issues to be addressed by the report. (2) In the absence of specific instructions from the court that ordered it, a pre‑sentence report is to set out matters about the offender that are, by reason of this Act or sentencing practice, relevant to sentencing the offender or to the making of a reparation order under Part 16. (2a) If the court gives instructions that it do so, a pre‑sentence report is to set out matters that are relevant to the making of an offender reporting order under section 13 of the Community Protection (Offender Reporting) Act 2004 in respect of the offender. (3) A pre‑sentence report may include reports as to the physical or mental condition of the offender, whether or not the court has asked for them. [Section 21 amended: No. 72 of 2004 s. 116(2).] 22. Pre‑sentence report, preparation of (1) The CEO (corrections) is to ensure that pre‑sentence reports are made — (a) by appropriately qualified people; and (b) as soon as practicable and in any event within 14 days before the sentencing day. (2) A pre‑sentence report may be made by more than one person. (3) A pre‑sentence report may be made in writing or orally. (4) A written pre‑sentence report must not be given to anyone other than the court by or for which it was ordered and the CEO (corrections). (4a) The CEO (corrections) may use the information in a pre‑sentence report to assist with the management of the convicted or sentenced offender to whom the report relates. (5) A court may make a pre‑sentence report available to the prosecutor and to the offender, on such conditions as it thinks fit. [Section 22 amended: No. 65 of 2006 s. 46 and 49; No. 45 of 2016 s. 63.] 23. Offender's time in custody etc., information about (1) When an offender is being sentenced for an offence the prosecutor must inform the court of the period, if any, that the offender has already spent in custody in relation to that offence and for no other reason. (2) If when an offender is being sentenced, he or she is already serving or sentenced to serve a term or terms of imprisonment, the prosecutor must inform the court of the date when the offender will be eligible to be released and whether the release will be on parole or not. (3) For the purposes of subsection (2) the date when an offender will be eligible to be released is to be determined without regard to the fact that an offender may be released under a re‑entry release order made under the Sentence Administration Act 2003. (4) The CEO (corrections), on the request of a prosecutor, must give the prosecutor the information necessary for the purposes of subsections (1) and (2). [Section 23 amended: No. 50 of 2003 s. 29(3); No. 65 of 2006 s. 49.] Division 4 — Information about victims etc. 23A. Terms used In this Division — family victim, in relation to an offence, means a person who was, at the time the offence was committed, a member of the primary victim's immediate family, and includes such a person whether or not the person has suffered personal harm as a result of the offence; member of the primary victim's immediate family means — (a) the primary victim's spouse; or (b) the primary victim's de facto partner; or (c) a person to whom the primary victim is engaged to be married; or (d) a parent, grandparent, guardian, step‑parent or step‑grandparent of the primary victim; or (e) a child, grandchild, step‑child or step‑grandchild of the primary victim or some other child for whom the primary victim is the guardian; or (f) a brother, sister, half‑brother, half‑sister, step‑brother or step‑sister of the primary victim; or (g) if, at the time of the offence, the primary victim was an Aboriginal person or a Torres Strait Islander requiring care, a person who, in the opinion of the court, is regarded under the customary law or tradition of the primary victim's community as the equivalent of the primary victim's guardian or carer; personal harm means bodily harm or psychological or psychiatric harm; primary victim, in relation to an offence, means — (a) a person against whom the offence was committed; or (b) a person who was a witness to the offence if it included any of the following — (i) actual or threatened violence; (ii) sexual assault; (iii) bodily harm; (iv) death; requiring care, in relation to a person, means a person who — (a) is under 18 years of age; or (b) in the absence of positive evidence as to age, appears to be under 18 years of age; or (c) because of a mental or physical impairment, is unable to give a victim impact statement; victim means a primary victim or a family victim; victim impact statement means a statement containing particulars of — (a) in the case of a primary victim, any personal harm suffered by the victim as a direct result of the offence; or (b) in the case of a family victim, the impact of the primary victim's personal harm on the members of the primary victim's immediate family. [Section 23A inserted: No. 45 of 2016 s. 53.] 24. Victim impact statement, who may give (1) A victim, or a person who may do so under subsection (2), may give a victim impact statement to a court to assist the court in determining the proper sentence for the offender. (2) If because of age, disability or any other reason a victim is personally incapable of giving a victim impact statement, another person may give it on the victim's behalf if the court is satisfied that it is appropriate for that other person to do so. 25. Victim impact statement, content of [(1) deleted] (2) A victim impact statement is not to address the way in which or the extent to which the offender ought to be sentenced. (3) A victim impact statement may be accompanied by a report by any person who has treated the victim in connection with the effects on the victim of the commission of the offence. [Section 25 amended: No. 45 of 2016 s. 54.] 26. Court's functions in relation to victim impact statement (1) A court may make a written victim impact statement available to the prosecutor and to the offender, on such conditions as it thinks fit. (2) A court may rule as inadmissible the whole or any part of a victim impact statement. (3) A court must, after imposing a sentence of imprisonment on an offender, make available to the Prisoners Review Board a copy of any victim impact statement given to the court under section 24. [Section 26 amended: No. 45 of 2016 s. 55.] Division 5 — Mediation 27. Mediation report, court may order and receive (1) If a court considers it would be assisted in sentencing an offender by a mediation report, it may order one. (2) A court committing an offender to another court for sentence may if it thinks fit order a mediation report for the assistance of that other court. (3) Whether or not a mediation report has been ordered, a mediator may give one to the sentencing court. 28. Mediation report, content of (1) A mediation report is a written or oral report by a mediator about any mediation or attempted mediation between the offender and a victim. (2) In particular, a mediation report is to report — (a) on the attitude of the offender to the victim and to the effects on the victim of the commission of the offence; and (b) any agreement between the offender and the victim as to actions to be taken by the offender by way of reparation. 29. Mediation report, preparation of The CEO (corrections) is to ensure that — (a) appropriate people are appointed to be mediators; and (b) any mediation between offenders and victims occurs, and a report is made, as soon as practicable after a mediation report is ordered. [Section 29 amended: No. 65 of 2006 s. 49.] 30. Mediation report, court's powers as to (1) A court may make a mediation report available to the prosecutor and to the offender, on such conditions as it thinks fit. (2) A court may rule as inadmissible the whole or any part of a mediation report. Division 6 — Other pending charges 31. Term used: pending charge In this Division — pending charge means a charge, in a court of summary jurisdiction of an offence (whether indictable or simple) for which no sentence has been imposed. [Section 31 amended: No. 59 of 2004 s. 141.] 32. Pending charges, offender may request court to deal with (1) An offender who is to be sentenced by a superior court for an offence (in this Division referred to as the original offence) may request the court to also deal with any pending charges against him or her. (2) On such a request being made, a list of pending charges against the offender is to be prepared and served in accordance with rules of court. (3) The list must not include any indictable offence that the superior court would not have jurisdiction to deal with, even with the consent or at the election of the offender or the prosecutor. (4) For the purposes of this section a superior court is to be taken to have jurisdiction to deal with simple offences. 33. Pending charges, court may deal with (1) When a list of pending charges has been prepared and served, the superior court must ask the offender — (a) to plead to any of the pending charges listed which the offender has not previously been convicted of; and (b) to say if he or she wants the superior court to also pass sentence for each of those pending charges that he or she is convicted of. (2) If the State consents and the superior court considers that it is just to do so, it may, in addition to sentencing the offender for the original offence, also sentence the offender for each of the pending charges the offender is convicted of and wants dealt with. (3) A sentence imposed by a superior court on a person for a pending charge is to be taken, for the purposes of an appeal against sentence, as being a sentence imposed following conviction on indictment. (4) A pending charge that was not dealt with by the superior court may be dealt with by the court before which it was pending. (5) If an offender pleaded guilty before the superior court to a pending charge but it was not dealt with by that court, the plea is not admissible in any proceedings for that charge. [Section 33 amended: No. 41 of 2006 s. 79.] Part 3A — Pre‑sentence order [Heading inserted: No. 50 of 2003 s. 6.] Division 1 — General [Heading inserted: No. 50 of 2003 s. 6.] 33A. When PSO may be made (1) In this section — excluded offence means — (a) an offence the statutory penalty for which is or includes mandatory imprisonment; or (b) an offence under section 79 of the Prisons Act 1981; imprisonable offence means an offence the statutory penalty for which is or includes imprisonment. (2) This section applies if a court is sentencing an offender for one or more imprisonable offences, none of which is an excluded offence, at a time when the offender is neither serving nor is liable to serve a term of imprisonment for another offence. (2a) This section does not apply if a court is sentencing an offender for one or more offences that were committed — (a) while the offender was subject to — (i) a parole order, home detention order, or work release order, made under the Sentence Administration Act 1995 1; or (ii) a parole order, or re‑entry release order, made under the Sentence Administration Act 2003, for another offence; or (b) during the suspension period of a suspended term of imprisonment imposed for another offence. (3) If this section applies, the court may make a PSO in respect of the offender if it considers — (a) that the seriousness of the imprisonable offence or offences warrants the imposition of a term of imprisonment under Part 13; and (b) that a PSO would allow the offender to address his or her criminal behaviour and any factors which contributed to the behaviour; and (c) that if the offender were to comply with a PSO the court might not impose a term of imprisonment under Part 13 for the offence or offences. (4) If the court makes a PSO in respect of an offender in respect of an imprisonable offence, the PSO applies in respect of any other offence for which the court is sentencing the offender, whether an imprisonable offence or not. (5) A court must not make a PSO in respect of an offender unless it has received a pre‑sentence report about the offender. (6) If a pre‑sentence report says that the offender is suitable to be the subject of a PSO, but the court decides not to make a PSO in respect of the offender, the court must give written reasons for its decision. [Section 33A inserted: No. 50 of 2003 s. 6; amended: No. 41 of 2006 s. 72; No. 20 of 2013 s. 125; No. 45 of 2016 s. 64.] 33B. PSO, nature of (1) A PSO is an order that — (a) the offender must appear before the court at the time and place specified in the PSO (the sentencing day) to be sentenced for the offence or offences to which the PSO applies; and (b) while the PSO is in force the offender must comply with — (i) the standard obligations in section 33D; and (ii) such of the primary requirements in section 33E as the court imposes; and (iii) any direction imposed under an electronic monitoring requirement under section 33HA. (2) The sentencing day must not be more than 2 years after the date on which the PSO is made. (3) A PSO — (a) comes into force on the day it is made; and (b) ceases to be in force on the sentencing day or when a court cancels it, whichever happens first. [Section 33B inserted: No. 50 of 2003 s. 6; amended: No. 30 of 2020 s. 15.] 33C. Making a PSO (1) If a court makes a PSO in respect of an offender, the court must adjourn the sentencing of the offender to the sentencing day. (2) When adjourning the sentencing under subsection (1) the court may also order that the offender reappear before the court prior to the sentencing day — (a) at a time and place fixed by the court; or (b) if and when summonsed by the court, so that the court can ascertain whether the offender is complying with the PSO. (3) An order may be made under subsection (2) on any reappearance of the offender pursuant to a previous order made under subsection (2). (4) If an offender does not reappear before a court at the time and place fixed or in response to a summons issued by the court, the court may issue a warrant to have the offender arrested and brought before the court. (5) On the reappearance of an offender, section 33N applies. (6) If a court makes a PSO in respect of an offender, it may grant the offender bail. [Section 33C inserted: No. 50 of 2003 s. 6.] 33D. PSO, standard obligations of The standard obligations of a PSO are that the offender — (a) must report to a community corrections centre within 72 hours after being released by the court, or as otherwise ordered by a speciality court or a CCO; and (b) must notify a CCO of any change of address or place of employment within 2 clear working days after the change, or as otherwise ordered by a speciality court; and (c) must not leave Western Australia except with, and in accordance with, the permission of a speciality court or the CEO (corrections); and (d) must comply with section 76 of the Sentence Administration Act 2003. [Section 33D inserted: No. 50 of 2003 s. 6; amended: No. 65 of 2006 s. 49.] [Section 33D. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009. See endnote 1M.] 33E. PSO, primary requirements of Every PSO must contain at least one of these primary requirements — (a) a supervision requirement under section 33F; (b) a programme requirement under section 33G; (c) a curfew requirement under section 33H. [Section 33E inserted: No. 50 of 2003 s. 6.] 33F. Supervision requirement (1) The purpose of a supervision requirement is to allow for the offender to be regularly monitored in the community, and to receive regular counselling, in a way and to an extent decided by a CCO, for the purpose of either or both — (a) rehabilitating the offender; (b) ensuring the offender complies with any direction given by the court when imposing the requirement. (2) The supervision requirement is a requirement that the offender must contact a CCO, or receive visits from a CCO, as ordered by a CCO. (3) When imposing a supervision requirement, a court may give any directions it decides are necessary to secure the good behaviour of the offender but the court is not to make a direction — (a) the effect of which could be achieved by imposing a programme requirement; or (b) that requires the offender to pay compensation or make restitution to any person or to perform any community or other work. (4) Unless a CCO orders otherwise, an offender subject to a supervision requirement must contact a CCO at least once in any period of 8 weeks. (5) If an offender does not comply with subsection (4), he or she is to be taken to have breached the supervision requirement. (6) A supervision requirement ceases to be in force when the PSO ceases to be in force. [Section 33F inserted: No. 50 of 2003 s. 6.] 33G. Programme requirement (1) The purpose of a programme requirement is — (a) to allow for any personal factors which contributed to the offender's criminal behaviour to be assessed; and (b) to provide an opportunity for the offender to recognise, to take steps to control and, if necessary, to receive appropriate treatment for those factors. (2) The programme requirement is a requirement that the offender must obey the orders of a speciality court or a CCO as to — (a) undergoing assessment by a medical practitioner, a psychiatrist, a psychologist or a social worker, or more than one of them and, if necessary, appropriate treatment; (b) undergoing assessment and, if necessary, appropriate treatment in relation to the abuse of alcohol, drugs or other substances; (c) attending educational, vocational, or personal development programmes or courses; (d) residing at a specified place for the purposes of any matter in paragraph (a), (b) or (c); (e) more than one of the above. (3) A speciality court or a CCO must not order an offender to undergo treatment of any sort unless a person qualified to recommend or administer the treatment has recommended that the offender undergo such treatment. (4) A person is not to administer treatment of any sort mentioned in subsection (2) to an offender without the informed consent of the offender. (5) The requirements of a programme requirement imposed as part of a PSO are additional to the requirements of any other programme requirement applicable to the offender under another PSO or a community order or a sentence of CSI. (6) A programme requirement ceases to be in force when a speciality court or a CCO gives the offender notice to that effect, or the PSO ceases to be in force, whichever happens first. (7) A CCO must not give notice unless satisfied that the offender has complied with the programme requirement. [Section 33G inserted: No. 50 of 2003 s. 6; amended: No. 27 of 2004 s. 6(4); No. 47 of 2011 s. 26(3).] 33H. Curfew requirement (1) The purposes of the curfew requirement are — (a) to allow for the movements of an offender to be restricted during periods when there is a high risk of the offender offending; and (b) to subject the offender to short periods of detention at the place where the offender lives or at some other specified place. (2) The curfew requirement is a requirement that the offender — (a) must remain at a specified place (the specified place), for specified periods, subject to subsection (8); and (b) must submit to surveillance or monitoring as ordered by a speciality court or a CCO. (3) The term of a curfew requirement must be set by the court when it imposes the requirement; but the requirement must not be imposed so as to result in a curfew requirement being in force, whether under a PSO or an ISO or a sentence of CSI, for a continuous period that exceeds 6 months. (4) The term of a curfew is concurrent with the term of any other curfew requirement applicable to the offender under another PSO or an ISO or a sentence of CSI unless the court orders otherwise. (5) At any one time the aggregate of the unexpired terms of curfew requirements applicable to the offender under PSOs or ISOs or sentences of CSI must not exceed 6 months. (6) The court may give directions as to the periods when the offender ought to be subject to a curfew. (7) The offender is not to be required by the curfew requirement to remain at a place for periods that amount to less than 2 or more than 12 hours in any one day. (8) The offender may only leave the specified place during a specified period — (a) to obtain urgent medical or dental treatment for the offender; or (b) for the purpose of averting or minimising a serious risk of death or injury to the offender or to another person; or (c) to obey an order issued under a written law (such as a summons) requiring the offender's presence elsewhere; or (d) for a purpose approved of by a CCO; or (e) on the order of a CCO. (9) The curfew requirement ceases to be in force when its term ends, or when the PSO ceases to be in force, whichever happens first. (10) Without limiting the means by which the offender may be kept under surveillance or monitored, a speciality court or a CCO may, for the purposes of subsection (2)(b), order an offender to do 1 or more of the following — (a) wear an approved electronic monitoring device; (b) permit the installation of an approved electronic monitoring device at the place where the offender resides; (c) charge the approved electronic monitoring device so as to ensure the device is at all times operational; (d) not enter 1 or more areas of the State stated in a written notice given to the offender by the speciality court or the CCO. (10A) A person given an order under subsection (10)(a), (b) or (c) must comply with the order. Penalty for this subsection: imprisonment for 3 years and a fine of $36 000. (10B) A person given an order under subsection (10)(d) must comply with the order, unless the person has a reasonable excuse. Penalty for this subsection: imprisonment for 3 years and a fine of $36 000. (11) A CCO may give such reasonable directions to the offender as are necessary for the proper administration of the curfew requirement. (12) Without limiting subsection (11), if the offender is authorised under subsection (8) to leave the specified place, a CCO may give directions as to — (a) when the offender may leave; and (b) the period of the authorised absence; and (c) when the offender must return; and (d) the method of travel to be used by the offender during the absence; and (e) the manner in which the offender must report his or her whereabouts. (13) To ascertain whether or not the offender is complying with the curfew requirement, a CCO may, at any time — (a) enter or telephone the specified place; or (b) enter or telephone the offender's place of employment or any other place where the offender is authorised or required to attend; or (c) question any person at any place referred to in paragraph (a) or (b). (14) A person must