CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 151
Release of serious offender on parole
CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 151
Release of serious offender on parole
151 Release of serious offender on parole
(1) The period to be specified in
a parole order under section 149 or 150 is to be--
(a) if the order is made
earlier than 14 days before the offender's parole eligibility date (other than
an order made following consideration of the offender's case under
section 143B), a period beginning no earlier than the offender's parole
eligibility date and ending no later than 21 days after that date, and
(a1)
if the order is made following an application by the offender referred to in
section 143A, and is made before the offender's annual review date (within the
meaning of that section), a period beginning no earlier than the offender's
annual review date and ending no later than 35 days after that date, and
(b)
in any other case, a period beginning no earlier than 14 days after the date
on which the order is made and ending no later than 35 days after that date.
(1A) In determining a day on which to release a violent offender under
subsection (1), 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.
(1B) 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 .
(2) If an application is made to the
Supreme Court within 14 days after a parole order is made, the order is
suspended--
(a) until the application is dealt with by the Court or the
application is withdrawn, or
(b) if the direction of the Supreme Court
includes a requirement that the Parole Authority reconsider its decision in
the light of the direction, until the Parole Authority revokes the order or
confirms it with or without modifications.
(3) Any such suspension
automatically lapses at the end of the period of 28 days after the date on
which a direction referred to in subsection (2) (b) is given if during that
period the Parole Authority neither revokes the parole order nor confirms it
with or without modifications.
