SENTENCING ACT 1989 - SECT 22C Preliminary consideration by Board

This legislation has been repealed.

SENTENCING ACT 1989 - SECT 22C

22C Preliminary consideration by Board

(1) The Board is required to give preliminary consideration as to whether a prisoner should be released on parole:

(a) at least 60 days before the day on which the prisoner becomes eligible for release on parole, and

(b) if the prisoner has not been released on parole on or after that day--within each successive year following that day if the prisoner is then eligible for release on parole, and

(c) if the prisoner has been released on parole on or after that day but the parole order has been revoked and a further parole order has not been made for the prisoner after that revocation--within each successive year following that revocation if the prisoner is then eligible for release on parole.

(2) Despite subsection (1) (a), the Board may defer giving preliminary consideration to a day less than 60 days (but not less than 21 days) before the day on which the prisoner becomes eligible for release on parole if it is of the opinion that it is unable to complete its preliminary consideration because it has not been furnished with a report required to be made to it or there are other relevant matters requiring further consideration.

(3) Despite subsection (1) (c), the Board is not required to give preliminary consideration until the person concerned is returned to the prison system following revocation of the parole order. If the person is at large for the whole of one or more years following the revocation, the Board may decline to consider its decision at all in relation to that year or those years.

(4) Despite the above provisions of this section, the Board may decline to consider the case of a prisoner for up to but not exceeding 3 years at a time after it last considered the grant of parole to the prisoner under this Division.