Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If the statutory
penalty for an offence is or includes imprisonment and the court dealing with
the offender decides to impose a custodial sentence, the court
may —
(a)
impose a term of imprisonment under Part 13 of the Sentencing
Act 1995 but may not impose suspended imprisonment under Part 11 of
that Act or conditional suspended imprisonment under Part 12 of that Act;
or
(b)
sentence the offender to a term of detention that is not longer than the term
of imprisonment to which the offender would have been liable if the offender
were not a young person.
(2) Despite
section 86 of the Sentencing Act 1995 the court sentencing a young
person to a term of imprisonment or a term of detention may impose a term of
6 months or less.
(3) If the court
sentences an offender to imprisonment it may, subject to Part 14 of the
Sentencing Act 1995 , also sentence the offender to indefinite
imprisonment.
(4) If the court
sentences an offender to imprisonment it may, if the offender is at least 16
and under 18 years old and having regard to the matters in
section 178(4)(a), direct that the offender serve the sentence in a
prison under the Prisons Act 1981 .
(5) If the court
sentences the offender to a term of imprisonment, the Sentencing Act 1995
and the Sentence Administration Act 2003 , with any necessary changes,
apply to and in respect of the sentence imposed.
[Section 118 inserted by No. 78 of 1995
s. 143; amended by No. 29 of 1998 s. 21; No. 50 of 2003
s. 29(3) and 104(2); No. 27 of 2004 s. 17; No. 5 of 2008
s. 132(3).]