Western Australian Consolidated Acts Western Australian Consolidated Acts (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,
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 by No. 48 of 1998
s. 13.]