CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 141
Decision following review
CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 141
Decision following review
141 Decision following review
(1) After reviewing all the reports,
documents, submissions and other information placed before it, the Parole
Authority must decide--
(a) whether or not the offender should be released on
parole, or
(b) whether, for reasons specified by the Parole Authority in its
minutes, the question of whether or not the offender should be released on
parole should be deferred.
(2) The question of whether or not the offender
should be released on parole--
(a) may be deferred once only, and
(b) may not
be deferred for more than 2 months.
(3) If the Parole Authority decides that
the offender should be released on parole, the Parole Authority must make an
order directing the release of the offender on a day occurring during a period
specified in accordance with subsection (3AA).
(3AA) The period to be
specified in a parole order under this section is to be--
(a) if the order is
made earlier than the offender's parole eligibility date, a period beginning
no earlier than the offender's parole eligibility date and ending no later
than 35 days after that date, and
(b) in any other case, a period beginning
no earlier than the date on which the order is made and ending no later than
35 days after that date.
(3A) In determining when a violent offender should
be released, the Parole Authority must take into account the potential trauma
to a victim and the victim's family if the offender is released on the
anniversary of the commission of the offence against the victim.
(3B) For the
purposes of this section, a
"violent offender" means an offender who is serving a sentence for an offence
involving violence against a person, including any type of sexual assault
referred to in the definition of
"sexual assault and domestic violence" in section 19 of the
Victims Rights and Support Act 2013 .
(4) If the Parole Authority decides
that the offender should not be released on parole, the Parole Authority--
(b)
must cause notice that it does not intend to make a parole order to be served
on the offender.
