Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Every prisoner is
deemed for so long as he continues to be a prisoner to be in the custody of
the chief executive officer.
(2) Except as
otherwise provided by this Act and subject to subsection (3), a prisoner
shall not be confined or kept in any place other than a prison.
(3)
Subsection (2) is a directory provision only and a breach of that
subsection does not affect any issue relating to the lawfulness of the custody
of a person at any time.
(4) A prisoner on
remand shall be treated in the same manner as other prisoners except in so far
as regulations provide otherwise.
(5) The chief
executive officer may allow a prisoner to serve all or part of the
prisoner’s sentence of imprisonment in a lock-up if approval to do so
has been given —
(a) in
the case of a place prescribed as a lock-up for the purposes of the
Court Security and Custodial Services Act 1999 , by the CEO as defined in
that Act; or
(b) in
the case of any other lock-up, by the Commissioner of Police.
(6)
Subsection (5) does not apply in respect of a prisoner who
is —
(a)
ordered to be detained or kept in strict custody until the Governor’s
pleasure is known;
(b) in
safe custody at the direction of the Governor; or
(c)
undergoing strict security life imprisonment.
(7) The chief
executive officer may allow a person required to serve a period of
imprisonment in default of a payment of a fine or other monetary penalty to
serve that period of imprisonment in a lock-up if approval to do so has been
given —
(a) in
the case of a place prescribed as a lock-up for the purposes of the
Court Security and Custodial Services Act 1999 , by the CEO as defined in
that Act; or
(b) in
the case of any other lock-up, by the Commissioner of Police.
(8) Upon taking a
prisoner into his custody in accordance with subsection (5) or (7), the
person in charge of the lock-up at that time shall notify the chief executive
officer in writing accordingly and shall provide the chief executive officer
with particulars of the prisoner.
(9) If a prisoner is
confined in a lock-up under this section for a period of 3 months, the
chief executive officer shall at the end of that period review the case and,
if the occasion arises, shall again review the case at the end of any further
period or periods of 3 months during which the prisoner is so confined.
(10) Subject to this
Act, where a court has committed a person to prison, the prisoner may be
detained in a lock-up for so long as is reasonably necessary to enable
arrangements to be made for the conveyance of the prisoner to a prison.
[Section 16 amended by No. 47 of 1987
s. 11; No. 113 of 1987 s. 32; No. 47 of 1999 s. 35.]