SENTENCING ACT 1989 - SECT 22I Procedure following preliminary notice to prisoner of initial intention not to make a parole order

This legislation has been repealed.

SENTENCING ACT 1989 - SECT 22I

22I Procedure following preliminary notice to prisoner of initial intention not to make a parole order

(1) If a notice of intention to make submissions is lodged with the Secretary of the Board by the prisoner within the period specified in a notice under section 22G, the Board must set a date (occurring as soon as practicable) on which the Board will conduct a hearing at a meeting for the purposes of receiving and considering submissions by the prisoner.

(2) Subject to section 22J (2), the Board may postpone or adjourn any such hearing for any reason that seems appropriate to it.

(3) The prisoner is entitled to receive reasonable notice of the hearing and any postponed or adjourned hearing, and is entitled to be present at any such hearing and to have a reasonable opportunity to make relevant submissions at the hearing.

(4) On or before setting a date for a hearing under subsection (1), the Board is (subject to and in accordance with the regulations) required to give notice to victims of the prisoner whose names are recorded in the Victims Register that it proposes to give them an opportunity to make submissions about the making of a parole order in relation to the prisoner.

(5) The notice under subsection (4) must:

(a) give an indication of the Board's initial intention not to make a parole order, but must indicate that this intention could be reversed, and

(b) specify a period of at least 14 days during which a notice of intention to make submissions to the Board may be lodged with the Secretary of the Board, and

(c) be in a form approved by the Board.

(6) A victim who lodges such a notice of intention within that period is entitled to receive reasonable notice of any such hearing, and is entitled to be present at any such hearing and to have a reasonable opportunity to make any relevant submissions at the hearing.

(7) Submissions can be made in either or both of the following ways:

(a) Submissions can be made in writing and can be presented to the Board in advance of the hearing or at the hearing.

(b) Submissions can be made orally, but in the case of victim submissions only with the approval of the Board.