Western Australian Consolidated Acts

SENTENCING ACT 1995 - SECT 52

52 .         Enforcing a CRO

        (1)         Without limiting the operation of section 50, an offender who —

            (a)         commits an offence during the term of his or her CRO is liable to be dealt with under Division 3 of Part 18;

            (b)         breaches his or her CRO is liable to be dealt with under Division 4 of Part 18.

        (2)         If an offender in respect of whom an order under section 51 has been made —

            (a)         commits an offence during the term of his or her CRO; or

            (b)         breaches his or her CRO,

                the court that imposed the CRO, on it own initiative or on an application by the State —

            (c)         subject to subsection (3), must order that the full amount agreed to be paid or deposited by the offender be paid or forfeited (as the case may be) to the State; and

            (d)         subject to subsection (4), must order that the full amount agreed to be paid or deposited by any surety be paid or forfeited (as the case may be) to the State.

        (3)         Sections 57(2) and 59 of the Bail Act 1982 , with any necessary changes, apply in respect of a court making an order under subsection (2) in respect of an offender as if the court were making an order under section 57(1) of the Bail Act 1982 in respect of an accused.

        (4)         Sections 49(1) and (2) and 59 of the Bail Act 1982 , with any necessary changes, apply in respect of a court making an order under subsection (2) in respect of a surety as if the court, under section 49 of the Bail Act 1982 , were enforcing the payment to the State of any sum payable by a surety under a surety undertaking made under that Act.

        (5)         Any amount ordered to be paid under subsection (2) is to be paid, and its payment may be enforced, under Part 5 of the Fines, Penalties and Infringement Notices Enforcement Act 1994 , unless an order has been made under subsection (6); but this subsection does not prejudice the recovery of such an amount as a civil debt due to the State.

        (6)         If under subsection (2) a superior court orders the payment of money, the court may make an order under section 59 in respect of the amount payable and that section, with any necessary changes, applies.

        [Section 52 amended by No. 84 of 2004 s. 82; No. 41 of 2006 s. 79.]