South Australian Consolidated Acts South Australian Consolidated Acts74—Cancellation of release on parole by Board for breach of conditions
other than designated conditions
(1) If the Board is
satisfied that a person who has been released on parole has, while on parole,
breached a condition of the parole (not being a designated condition),
the Board may, by order, direct that the person serve in prison the sentence,
or sentences, of imprisonment in respect of which he or she was on parole for
such further period as the Board thinks appropriate, but not exceeding—
(a) the
period between the day on which the breach occurred and the date of expiry of
the parole; or
(b) six
months,
whichever is the lesser.
(1a)
Subsection (1) applies notwithstanding that, at the time of finding the
breach proved, the parole has expired or been discharged.
(1b) Where the Board
makes an order under subsection (1) in respect of a person who is still
on parole, the Board must order that the person's release on parole be
cancelled.
(2) The Board cannot
make an order under this section in relation to a person who is under the
supervision of a community corrections officer unless it has obtained and
considered a report from that community corrections officer.
(3) Where the release
of a person was cancelled for breach of parole conditions before the
commencement of the Prisons Act Amendment Act (No. 2) 1983 the
person is (subject to any non-parole period that may have been fixed) liable
to serve in prison the balance of the sentence, or sentences, unexpired as at
the day on which the breach was committed.
(4) Subject to
subsections (4a) and (4b), a person who is returned to prison for breach
of a parole condition (not being a designated condition) after the
commencement of the Prisons Act Amendment Act (No. 2) 1983 will, unless
the person has, by instrument in writing, elected to remain in prison to serve
the balance of sentence then remaining, be released from prison on parole when
the period for which the person was returned has been served.
(4a) If a person who
has been returned to prison pursuant to this section commits an offence while
in prison and a sentence of imprisonment is imposed for the offence, the
person is liable to serve in prison the balance of the sentence, or sentences,
unexpired as at the day on which the offence was committed.
(4b) The release of a
person under subsection (4) is not release on parole if the period of
parole has expired.
(5) The release of a
prisoner on parole under subsection (4) will be taken to be pursuant to
the order of the Board in force immediately prior to the return of the
prisoner to prison.