PENALTIES AND SENTENCES ACT 1992 - SECT 174A
When parole order must be made
PENALTIES AND SENTENCES ACT 1992 - SECT 174A
When parole order must be made
174A When parole order must be made
(1) This section applies if an offender on whom a finite sentence has been
imposed is not currently on parole 6 months before the
relevant period of imprisonment for the offender ends (the
"6-month period" ).
(2) To remove any doubt, it is declared that this section
applies even if the offender made an application under section 174(an
"offender application" ) that has not been not decided.
(4) If the offender has made an
offender application, subsection (3) applies even if the decision on the
application was not or would not have been to grant the parole.
The word
‘lawfully’ is necessary because ordinarily an offender application within
the 6-month period would be prevented under section 174(2) .
(6) The
parole order may order the offender’s release at any time during or at the
end of the 6-month period for a parole period ending after the
relevant period of imprisonment ends.
(7) The board must decide the parole
period which is to start from the release.
(8) The parole period decided by
the board must be 5 years, subject to subsection (9) .
(9) The parole period
may be less than 5 years only if the board considers that period is
appropriate having regard to any relevant board guidelines.
(10) In this
section—
"relevant period of imprisonment" , for the offender, see section 174(9) .