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Schedule 14—Revocation of parole order or licence

Schedule 14 Revocation of parole order or licence

   

Crimes Act 1914

1  Subsection 19AA(2)

Omit “, or is taken to be,”.

2  Subsection 19AA(3)

Repeal the subsection, substitute:

             (3)  If a federal offender:

                     (a)  who is released on parole or licence; and

                     (b)  whose parole order or licence has subsequently been revoked under section 19AU; and

                     (c)  who does not get the benefit of subsection (2) in calculating the part of any federal sentence of imprisonment remaining to be served at the time of release;

a prescribed authority fixing a non-parole period in respect of the offender under section 19AW must have regard to the period of time spent by the person on parole or licence before that parole order or licence was revoked.

3  Subsection 19AG(5) (paragraph (ca) of the note)

Omit “or 19AR(2)(e)”.

4  Subsection 19APB(2)

Repeal the subsection, substitute:

             (2)  Subsection (1) has effect as if the parole period or the licence period had not ended without the parole order or licence being revoked, if in relation to the parole order or licence:

                     (a)  a determination referred to in subsection 19AQ(1) or (2) is made at a time after the end of the parole period or licence period; and

                     (b)  the time the parole order or licence is taken to have been revoked under subsection 19AQ(1) or (2) is during the parole period or licence period.

5  Section 19AQ

Repeal the section, substitute:

19AQ   Parole order or licence revoked following further offence

Revocation time

             (1)  If a person to whom a parole order relates is sentenced to life imprisonment or to a sentence of, or sentences aggregating, more than 3 months in respect of a federal, State or Territory offence (the new offence ) committed during the parole period, the court that sentences the person for the new offence must determine the time (the revocation time ) when the parole order is taken to have been revoked.

             (2)  If a person to whom a licence relates is sentenced to life imprisonment or to a sentence of, or sentences aggregating, more than 3 months in respect of a federal, State or Territory offence (the new offence ) committed during the licence period, the court that sentences the person for the new offence must determine the time (the revocation time ) when the licence is taken to have been revoked.

             (3)  A revocation time determined under subsection (1) or (2) must be one of the following times:

                     (a)  the time at which the court determines the new offence was committed;

                     (b)  the time at which the court determines the new offence was most likely to have been committed;

                     (c)  the time at which the court determines the new offence was most likely to have first begun to have been committed.

Time person liable to serve

             (4)  If the parole order or licence relating to a person is taken to have been revoked under subsection (1) or (2), the person becomes liable to serve:

                     (a)  that part of the sentence or of each sentence for a federal offence that the person had not served at the time of his or her release under that order or licence; or

                     (b)  if the court considers it appropriate taking into account the good behaviour of the person during the period (the clean street period ) starting at the time the person was released under that order or licence and ending at the revocation time—the sentence or aggregate sentence that would be imposed under paragraph (a) reduced by the period that is the same as the clean street period.

Suspended sentences

             (5)  This section does not apply where the sentence or each sentence referred to in subsection (1) or (2) is a suspended sentence.

6  Section 19AR (heading)

Repeal the heading, substitute:

19AR   Fixing of non-parole period etc. where parole or licence taken to be revoked under section 19AQ

7  Subsections 19AR(1) and (2)

Repeal the subsections, substitute:

New federal offence etc.

             (1)  Subject to subsection (4), if:

                     (a)  a person who is serving or is to serve a federal sentence or federal sentences is released on parole or licence under this Act; and

                     (b)  the person is later sentenced (the new sentence or sentences ) to a term of imprisonment in respect of a federal offence or federal offences committed during the parole period or licence period; and

                     (c)  under section 19AQ:

                              (i)  the parole order or licence is to be taken to have been revoked; and

                             (ii)  the person becomes liable to serve a part of a sentence or sentences (the outstanding sentence or sentences );

the court imposing the new sentence or sentences:

                     (d)  must not make a recognizance release order; and

                     (e)  must fix a single new non-parole period in respect of the new sentence or sentences and the outstanding sentence or sentences having regard to the total period of imprisonment that the person is liable to serve.

8  Subsection 19AR(3)

Repeal the subsection, substitute:

New State or Territory offence etc.

             (3)  Subject to subsection (4), if:

                     (a)  a person who is serving or is to serve a federal sentence or federal sentences is released on parole or licence under this Act; and

                     (b)  the person is later sentenced (the new sentence or sentences ) to a term of imprisonment in respect of one or more State or Territory offences committed during the parole period or licence period; and

                     (c)  under section 19AQ:

                              (i)  the parole order or licence is to be taken to have been revoked; and

                             (ii)  the person becomes liable to serve a part of a sentence or sentences (the outstanding sentence or sentences );

the court imposing the new sentence or sentences:

                     (d)  must not make a recognizance release order; and

                     (e)  must fix a single new non-parole period in respect of the outstanding sentence or sentences having regard to the total period of imprisonment that the person is liable to serve.

9  Subsection 19AR(4)

Repeal the subsection, substitute:

General

             (4)  A court may decline to fix a non-parole period if:

                     (a)  the court is satisfied that doing so is appropriate, having regard to:

                              (i)  the serious nature and circumstances of the offence or offences; and

                             (ii)  the antecedents of the person; or

                     (b)  the person is expected to be serving a State or Territory sentence on the day after the end of the federal sentence, or the last to be served of the federal sentences, as reduced by any remissions or reductions under section 19AA.

10  Subsection 19AR(5)

Omit “either to fix a non-parole period, or to make a recognizance release order”, substitute “to fix a non-parole period”.

11  Subsection 19AR(6)

Omit “or the making of recognizance release orders”.

12  Subsection 19AR(6)

Omit “or the making of such orders”.

13  Subsection 19AR(7)

Omit “or the failure to make, or properly to make, recognizance release orders”.

14  Subsection 19AR(7)

Omit “or the making of such orders”.

15  Subsection 19AS(1)

Repeal the subsection, substitute:

             (1)  If:

                     (a)  a person who is serving or is to serve a federal sentence or federal sentences is released on parole or licence under this Act; and

                     (b)  the person is later sentenced (the new sentence or sentences ) to a term of imprisonment in respect of one or more federal, State or Territory offences committed during the parole period or licence period; and

                     (c)  under section 19AQ:

                              (i)  the parole order or licence is to be taken to have been revoked; and

                             (ii)  the person becomes liable to serve a part of a sentence or sentences (the outstanding sentence or sentences );

then:

                     (d)  the court imposing the new sentence or sentences must issue a warrant authorising the person to be detained in prison to undergo imprisonment for the unserved part of the outstanding sentence or sentences; and

                     (e)  the person must begin to serve the unserved part of the outstanding sentence or of the first to be served of the outstanding sentences on the day that the new sentence is, or the new sentences are, imposed; and

                      (f)  the unserved part of the outstanding sentence or of each of the outstanding sentences must be served in the State or Territory where the new sentence is, or the new sentences are, imposed.

16  Subsection 19AS(2)

Omit “paragraph (1)(c)”, substitute “paragraph (1)(d)”.

17  Paragraphs 19AT(1)(a) and (b)

Repeal the paragraphs, substitute:

                     (a)  a person who is serving or is to serve a federal sentence or federal sentences is released on parole or licence under this Act; and

                     (b)  the person is later sentenced (the new sentence or sentences ) to a term of imprisonment in respect of one or more federal, State or Territory offences committed during the parole period or licence period; and

                   (ba)  under section 19AQ:

                              (i)  the parole order or licence is to be taken to have been revoked; and

                             (ii)  the person becomes liable to serve a part of a sentence or sentences (the outstanding sentence or sentences );

18  Subsection 19AW(2)

Omit “may issue a warrant”, substitute “must issue a warrant”.

19  Paragraph 19AW(3)(a)

Omit “nature”, substitute “serious nature”.

20  Subsection 20(6)

Omit “sections 19AC, 19AE and 19AR”, substitute “sections 19AC and 19AE”.

21  Application provisions

(1)       The amendments made by items 1, 4, 5 and 7 to 17 of this Schedule apply in relation to the revocation, on or after the commencement of this Schedule, of a parole order or licence relating to a sentence that was imposed on a person (whether the sentence was imposed before, on or after that commencement).

(2)       The amendment made by item 2 of this Schedule applies in relation to fixing, on or after the commencement of this Schedule, a non-parole period in respect of a sentence (whether the sentence was imposed before, on or after that commencement).

(3)       The amendments made by items 18 and 19 of this Schedule apply in relation to hearings begun on or after the commencement of this Schedule (whether the order revoking the relevant parole order or licence was made before, on or after that commencement).