Western Australian Consolidated Acts

SENTENCING ACT 1995 - SECT 37A

37A .         Offender who reneges on promise to assist authorities may be re-sentenced

        (1)         If —

            (a)         a court reduces the sentence it would otherwise have imposed on an offender for an offence (the full sentence ) because the offender undertakes to assist law enforcement authorities; and

            (b)         the offender subsequently fails wholly or partly to fulfil the undertaking,

                the court may recall the order imposing the sentence (the  reduced sentence ) and impose a sentence based on the full sentence but taking into account the extent to which the reduced sentence has taken effect and the extent to which the offender has complied with any orders made under it.

        (2)         The powers in subsection (1) may be exercised by a court only on an application by the prosecutor made in accordance with the regulations, but the court must give all parties the opportunity to be heard.

        (3)         The powers in subsection (1) may be exercised by a court even if the reduced sentence has been varied on appeal, and in that case any sentence imposed must be based on the varied sentence and the court must take into account the extent to which the varied sentence has taken effect and the extent to which the offender has complied with any orders made under it.

        (4)         A sentence imposed under this section may be appealed.

        (5)         In this section —

        sentence includes an order in addition to sentence.

        [Section 37A inserted by No. 29 of 1998 s. 16.]