Western Australian Consolidated Acts

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SENTENCING ACT 1995 - SECT 35

35 .         Reasons for imprisonment must be given

        (1)         A court sentencing an offender to a term of imprisonment, or an aggregate of terms of imprisonment, of 12 months or less ( the term imposed ) must give written reasons why no other available sentencing option was appropriate.

        (2)         The written reasons are to be kept as records of the court.

        (3)         Subsection (1) does not apply if —

            (a)         the term imposed is mandatory under a written law;

            (b)         the aggregate of the term imposed and any other term of imprisonment that the offender is serving or has yet to serve is more than 12 months; or

            (c)         the term is imposed under section 79 of the Prisons Act 1981 .

        (4)         In this section —

        written reasons includes reasons given orally and subsequently transcribed.



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