CORRECTIONS ACT 1986 - SECT 78D Application of certain provisions of the Crimes Act 1958 and the Bail Act 1977

CORRECTIONS ACT 1986 - SECT 78D

    (1)     If—

        (a)     a prisoner is detained under section 78B(2) or (3) or an order made under section 78C(1)(a); and

        (b)     a decision or order is made for the purposes of section 464A(1)(a) or (b) of the Crimes Act 1958 to release the prisoner—

the decision or order is subject to the condition that the prisoner must not be released before the relevant day and section 464A of the Crimes Act 1958 applies accordingly.

    (2)     If—

        (a)     a prisoner is detained under section 78B(2) or (3) or an order made under section 78C(1)(a); and

        (b)     after the prisoner is brought before a bail justice or the Magistrates' Court under section 464A(1)(c) of the Crimes Act 1958 , a decision or order is made to release the prisoner—

the decision or order is subject to the condition that the prisoner must not be released before the relevant day and section 464A of the Crimes Act 1958 applies accordingly.

    (3)     If—

        (a)     a prisoner is detained under section 78B(2) or (3) or an order made under section 78C(1)(a); and

S. 78D(3)(b) amended by No. 26/2017 s. 20.

        (b)     the prisoner is granted bail in accordance with the Bail Act 1977 —

the order granting bail is subject to the condition that the prisoner must not be released on bail before the relevant day and the Bail Act 1977 applies accordingly.

S. 78D(4) amended by No. 55/2014 s. 186.

    (4)     An investigation or questioning by a police officer under section 464A of the Crimes Act 1958 of a prisoner detained under section 78B(2) or (3) or an order made under section 78C(1)(a) may continue for a reasonable time after the prisoner is detained even if the Board cancels the prisoner's parole during that time.

    (5)     Section 464B of the Crimes Act 1958 does not apply in relation to the prisoner until the reasonable time referred to in subsection (4) has elapsed.

    (6)     In this section, "the relevant day" means—

        (a)     the day on which the Board, after considering the breach of the term or condition of the prisoner's parole under section 78C(3), decides not to cancel the prisoner's parole; or

        (b)     the day on which the Board makes an order under section 78C(1)(b).

    (7)     In determining what constitutes a reasonable time for the purposes of subsections (4) and (5), the matters set out in section 464A(4) of the Crimes Act 1958 may be considered.

S. 78E inserted by No. 46/2013 s. 3 (as amended by No. 25/2014 s. 13).