Crimes Act 1914

Part IB - Sentencing, imprisonment and release of federal offenders

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Division 5 - Conditional release on parole or licence

Subdivision B - Revocation of parole order or license

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SECTION 19AS Court to issue warrant of detention where person required to serve balance of sentence

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(1)
If:

(a) a person who is serving or is to serve a federal sentence or federal sentences is released on parole or licence under this Act; and

(b) the person is later sentenced (the new sentence or sentences ) to a term of imprisonment in respect of one or more federal, State or Territory offences committed during the parole period or licence period; and

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(c) under section 19AQ :

(i) the parole order or licence is to be taken to have been revoked; and

(ii) the person becomes liable to serve a part of a sentence or sentences (the outstanding sentence or sentences );

then:

(d) the court imposing the new sentence or sentences must issue a warrant authorising the person to be detained in prison to undergo imprisonment for the unserved part of the outstanding sentence or sentences; and

(e) the person must begin to serve the unserved part of the outstanding sentence or of the first to be served of the outstanding sentences on the day that the new sentence is, or the new sentences are, imposed; and

(f) the unserved part of the outstanding sentence or of each of the outstanding sentences must be served in the State or Territory where the new sentence is, or the new sentences are, imposed.

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History

S 19AS(1) substituted by No 70 of 2020, s 3 and Sch 13 item 15, applicable in relation to the revocation, on or after 20 July 2020, of a parole order or licence relating to a sentence that was imposed on a person (whether the sentence was imposed before, on or after 20 July 2020). S 19AS(1) formerly read:

(1)
Where:

(a) a person who is serving or is to serve a federal sentence or federal sentences is released on parole or licence under this Act; and

(b) under section 19AQ, because of the imposition of one or more federal, State or Territory sentences (in this subsection called the new sentence or sentences ):

(i) that parole order or licence is to be taken to have been revoked; and

(ii) the person becomes liable to serve that part of each of the sentences referred to in paragraph (a) (in this subsection called the outstanding sentence or sentences ) that he or she had not served at the time of release;

then:

(c) the court imposing the new sentence or sentences must issue a warrant authorising the person to be detained in prison to undergo imprisonment for the unserved part of the outstanding sentence or sentences; and

(d) the person must begin to serve the unserved part of the outstanding sentence or of the first to be served of the outstanding sentences on the day that the new sentence is, or the new sentences are, imposed; and

(e) the unserved part of the outstanding sentence or of each of the outstanding sentences must be served in the State or Territory where the new sentence is, or the new sentences are, imposed.

(2)
Where the court fails to issue a warrant under paragraph (1)(d), the Director of Public Prosecutions may apply to that court for such a warrant.

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