Tasmanian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CORRECTIONS ACT 1997 (NO. 51 OF 1997) - SECT 79

79. Power of Board to revoke parole orders, &c.

      (1) Subject to subsection (2), the Board may, at any time, of its own motion or on receiving a report from a probation officer or any other person –

(a) revoke a parole order; or

(b) vary, amend or confirm a parole order; or

(c) suspend a parole order on such terms as it thinks fit; or

(d) exercise in relation to a parole order more than one of its powers under paragraph (b).

      (2) Unless the Board considers it impracticable to do so, the Board is not to revoke or suspend a parole order granting parole to a prisoner unless it has first called on the prisoner to show cause why any of those powers should not be exercised.

      (3) If a person is sentenced to imprisonment for an offence committed during the period of his or her release on parole, the parole order is revoked whether or not, at the time of his or her conviction for that offence, the period of that release had expired.

      (4) Subsection (3) does not apply where the execution of the whole of a sentence referred to in that subsection is suspended under the Sentencing Act 1997 .

      (5) If a prisoner's release on parole is revoked –

(a) in the case of a prisoner who is not a life prisoner, the prisoner is liable to serve the remainder of his or her sentence and the period of that release is not to be taken into account in determining how much of the term of his or her sentence remains to be served unless the Board otherwise directs; and

(b) in the case of a life prisoner, the prisoner is liable to be imprisoned for the remainder of his or her natural life.

      (6) Where the Board revokes a parole order applying to a prisoner after his or her release from prison, the Board may, by warrant signed by the chairperson of the Board or the secretary of the Board at the chairperson’s direction, authorise a police officer to apprehend the prisoner and return the prisoner to prison.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback