PENALTIES AND SENTENCES ACT 1992 - SECT 160F Significance of an offender’s period of imprisonment

PENALTIES AND SENTENCES ACT 1992 - SECT 160F

160F Significance of an offender’s period of imprisonment

(1) One of the objects of sections 160A to 160E is to ensure that at any 1 time there is only 1 parole release date or parole eligibility date in existence for an offender.

(2) When fixing a date under this division as the date an offender is to be released on parole or is to be eligible for release on parole, the date fixed by the court must be a date relating to the offender’s period of imprisonment as opposed to a particular term of imprisonment.

Examples—

1 O is sentenced to a term of 1 year’s imprisonment on 1 July 2007 with a parole release date of 1 January 2008. O is released on parole on 1 January 2008. On 1 April 2008, O is sentenced to a further term of 1 year’s imprisonment for another offence. A parole eligibility date fixed for O under section 160B (2) must relate to the 2 years period of imprisonment to which O has been sentenced and must not be earlier than 1 January 2008.

2 O is sentenced to a term of 1 year’s imprisonment on 1 July 2007 with a parole release date of 1 January 2008. On 1 November 2007, O is sentenced to a further term of 1 year’s imprisonment for another offence, to be served concurrently with the first term. A parole release date fixed for O under section 160B (3) must relate to the 16 months period of imprisonment to which O has been sentenced and must not be earlier than 1 January 2008.