Post Sentence Supervision Orders

What is a Post Sentence Supervision Order?

A Post Sentence Supervision Order (PSSO) is an order made by the Prisoners Review Board that imposes community supervision obligations on certain offenders for a period of two years from the expiry of their term of imprisonment or parole period.

A PSSO does not extend the prisoner’s original sentence and its only purpose is to provide protection to the community by supervising the prisoner following the completion of his or her sentence. A PSSO is not part of the punishment for the offence for which the prisoner has just completed a prison sentence.  PSSOs came into operation from and including 1 July 2017 as a result of amendments to the Sentence Administration Act 2003 (WA).

Which Prisoners are considered for a PSSO?

The Prisoners Review Board must consider whether a PSSO should be made in respect of each eligible prisoner before the end of the prisoner’s term of imprisonment or period of parole. The Prisoners Review Board is required to consider every prisoner serving a term of imprisonment for a serious violent offence. A serious violent offence is defined in as being:

  1. an offence specified in Schedule 4 of the Sentence Administration Act 2003 (WA) or
  2. an offence declared by a court under section 97A(3) of the Sentencing Act 1995 (WA) to be a serious violent offence.

Offences included in Schedule 4 of the Sentence Administration Act 2003 (WA) are as follows:

An offence declared under section 97A(3) of the Sentencing Act 1995 (WA) to be a serious violent offence applies if the sentencing court has declared the offence, based on the nature of the offence and/or the offending history of the offender, to be a serious violent offence.

What does the Prisoners Review Board take into account when considering if a PSSO should be made?

There are many factors the Prisoners Review Board will consider when deciding whether to impose a PSSO. These considerations are set out in section 74B of the Sentence Administration Act 2003 (WA).  Above all, however, the Prisoners Review Board must regard the safety of the community as the paramount consideration.

What is the length of a PSSO?

A PSSO must be in place for a period of 2 years beginning on:

  1. if the supervised offender is not released on parole, the day on which the offender is released after serving offender’s term or
  2. if the supervised offender is released on parole, the day after the day on which the offender’s term ends.

Can a supervised offender find out the reasons why the Board made their decision?

The reasons for the Board's decision are stated in the letter sent to the offender from the Prisoners Review Board on the day of the decision.

Decision of the Board to make a PSSO will be published on the Board’s website, including the reasons for the decision and the requirements of the order.

Can decisions in regard to a PSSO be appealed?

Under section 115A(2) the Sentence Administration Act 2003 (WA), a prisoner can request a review of the Board’s decision, if that decision was to make a PSSO.

Decisions to not make a PSSO, cancel a PSSO, amend a PSSO or adjourn consideration of a PSSO are not reviewable decisions under section 115A(2).

Can applications to amend a PSSO be made?

The Board may amend a PSSO at any time before the end of the PSSO period. Requests to amend a PSSO should be made through the supervised offenders Community Corrections Officer and not directly to the Prisoners Review Board.

What are the consequences of breaching a PSSO?

A supervised offender who breaches a PSSO, without reasonable excuse (proof of which is on the offender), commits a crime.

Penalty: Imprisonment for 3 years.

Summary conviction penalty: a fine of $18,000 and imprisonment for 18 months.

Last updated: 5-Jul-2017

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