Escape from Lawful Custody; a Prescribed Term for which there is no eligibility for parole.

Under the Western Australian Sentencing Act, Magistrate's presiding in Western Australian Courts over people convicted of a charge of Escape from Lawful Custody, are statutorily prohibited from making them eligible for Parole.

The Sentencing Act 1995 Western Australia at section 85(1) defined term, describes a prescribed term as a term imposed for escaping lawful custody.[1]

Section 89(3) provides; a Parole Eligibility order must not be made in respect of a prescribed term.

Unfortunately the section does not provide details beyond the simple ineligibility for an order for Parole.

This raises some queries;

1.      Does the ineligibility for Parole only apply to the sentence imposed for the Escape Lawful Custody charge?;

2. If the sentence imposed for the Escape Lawful Custody is less than 6 months, is the sentenced person eligible for administrative Parole?

​[1] S 85(1), Sentencing Act  Western Australia 1995