South Australian Consolidated Acts South Australian Consolidated Acts (1) The Supreme Court
may, on application by the Director of Public Prosecutions or the person,
authorise the release on licence of a person detained in custody under this
Division.
(2) On the Court
authorising the release of a person under subsection (1),
the appropriate board must order the release of the person on licence on the
day specified by the Court.
(3) The release of a
person on licence under this section will be subject to such conditions as
the appropriate board thinks fit and specifies in the licence.
(4) Where the Supreme
Court has refused a person's application for release on licence, the person
may not further apply for release for a period of six months, or such lesser
or greater period as the Court may have directed on refusing the application.
(5)
The appropriate board may—
(a) on
application by the Director of Public Prosecutions or the person, or of its
own motion, vary or revoke a condition of a licence or impose further
conditions; or
(b) on
application by the Director of Public Prosecutions, or of its own motion,
cancel the release of a person on licence, if satisfied that the person has
contravened, or is likely to contravene, a condition of the licence.
(5a) A board cannot
exercise its powers under subsection (5) of its own motion in relation to
a person released on licence unless the person and the Crown have been
afforded a reasonable opportunity to make submissions to the board on the
matter, and the board has considered any submissions so made.
(6) For the purposes
of proceedings under subsection (5), a member of the appropriate board
may—
(a)
summon the person the subject of the proceedings to appear before the board;
or
(b) in
the case of proceedings for cancellation of release—
(i)
with the concurrence of a second member of the
board—issue a warrant for the apprehension and detention of the person
pending determination of the proceedings; or
(ii)
apply to a justice for a warrant for the apprehension and
detention of the person pending determination of the proceedings.
(7) Where a person who
has been summoned to appear before the appropriate board fails to attend in
compliance with the summons, the board may—
(a)
determine the proceedings in his or her absence; or
(b)
direct a member of the board to—
(i)
issue a warrant; or
(ii)
apply to a justice for a warrant,
for the apprehension and detention of the person for the purpose of bringing
him or her before the board.
(8) A member of
the appropriate board may apply to a justice for a warrant for the
apprehension and return to custody of a person whose release on licence has
been cancelled by the board.
(8a) A justice must,
on application under this section, issue a warrant for the apprehension and
detention of a person or for the apprehension and return to custody of a
person, as the case may require, unless it is apparent, on the face of the
application, that no reasonable grounds exist for the issue of the warrant.
(9)
The appropriate board may, if it thinks good reason exists for doing so,
cancel a warrant issued under this section at any time before its execution.
(10) Where a person
who has been released on licence commits an offence while subject to that
licence and is sentenced to imprisonment for the offence, the release on
licence is, by virtue of this subsection, cancelled.
(11) Where a person
has been subject to a licence under this section for a continuous period of
three years, the order for his or her detention under this Division will,
unless the Supreme Court, on application by the Director of Public
Prosecutions, orders otherwise, be taken to have been discharged on the
expiration of that period.
(12) For the purposes
of this section—
"the appropriate board", in relation to proceedings under this section,
means—
(a) if
the person the subject of the proceedings is being detained in a training
centre, or has been released on licence from a training centre—the
Training Centre Review Board;
(b) in
any other case—the Parole Board.