CORRECTIONAL SERVICES ACT 1982 - SECT 75

CORRECTIONAL SERVICES ACT 1982 - SECT 75

75—Automatic cancellation or suspension of parole on imprisonment for offence committed while on parole

        (1)         Where—

            (a)         a person is sentenced to imprisonment for an offence committed while on parole and—

                  (i)         the sentence is not suspended; or

                  (ii)         the court does not order that the person serve the sentence subject to a home detention order or an intensive correction order under the Sentencing Act 2017 ; or

            (b)         the suspension of a sentence of imprisonment imposed for an offence committed by a person while on parole is revoked,

the person is liable to serve in prison the balance of the sentence, or sentences, of imprisonment in respect of which he or she was on parole, being the balance unexpired as at the day on which the offence was committed.

        (1aa)         If—

            (a)         a person is sentenced to imprisonment for an offence committed while on parole; and

            (b)         the court orders that the person serve the sentence subject to a home detention order or an intensive correction order under the Sentencing Act 2017 ,

the person is liable to serve the balance of the sentence, or sentences, of imprisonment in respect of which the person was on parole, being the balance unexpired as at the day on which the offence was committed (and the person will serve that balance subject to the conditions of the home detention order or intensive correction order (as the case requires)).

Note—

Section 45(2) of the Sentencing Act 2017 provides that the sentence for the offence committed while on parole will be cumulative on the sentence, or sentences, in respect of which the defendant was on parole.

        (1a)         Subsections (1) and (1aa) apply notwithstanding that, at the time of conviction of the person or of the revocation of the suspended sentence, the parole may have expired or been discharged.

        (2)         Where a person referred to in subsection (1) or (1aa) is, at the time of conviction or revocation of the suspended sentence, still on parole, the parole is, by virtue of this subsection, cancelled.

        (3)         Any period for which the person is detained in custody or in prison after committing the offence is to be counted as or towards the period that the person is liable to serve under this section in prison or under a home detention order or intensive correction order (as the case requires) (and any date on which the sentence is to be taken to have commenced will be fixed accordingly).