Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If a charge of a
minor prison offence is laid against a prisoner who is due for release before
the charge has been determined in accordance with
Part VII —
(a) the
prisoner may be detained in custody for not more than 24 hours to enable
the charge to be determined; and
(b) if
it appears that the charge cannot be determined within the period referred to
in paragraph (a) in accordance with Part VII by reason that a
visiting justice is not available for the purpose, the superintendent shall
proceed to inquire into and determine the charge as if section 71(1)(d)
applied.
(2) If a charge of an
aggravated prison offence is laid against a prisoner who is due for release
before the charge has been dealt with in accordance with Part VII, the
prisoner shall when due for release be delivered to the custody of a police
officer to be dealt with, whether by release on bail or otherwise, according
to law and the superintendent or a prison officer authorised by the
superintendent shall commence a prosecution in a court of summary jurisdiction
for the offence accordingly.
(3) A prisoner who is
sentenced to or undergoing punishment in respect of a prison offence under
Part VII at the time when the sentence on which he is imprisoned expires
or he is otherwise entitled to be released shall nevertheless undergo or
complete such punishment, as the case may be.
(4) A prisoner who is
in custody by reason of subsection (1) or (3) shall, until he is entitled
to be released, be treated as a sentenced prisoner.
[Section 32 amended by No. 84 of 2004
s. 80.]