Part IB
-
Sentencing, imprisonment and release of federal offenders
History
Part IB (heading) substituted by No 41 of 2003, s 3 and Sch 3 item 9, effective 3 June 2003. For saving provision, see note under s 23C(7). The heading formerly read:
Part 1B
-
Sentencing, imprisonment and release of federal offenders
Division 5
-
Conditional release on parole or licence
Subdivision B
-
Revocation of parole order or license
History
Subdiv B heading inserted by No 153 of 2015, s 3 and Sch 7 item 21, applicable to a decision under section
19AL
made on or after 27 November 2015.
SECTION 19AS
Court to issue warrant of detention where person required to serve balance of sentence
(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
(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the parole order or licence is to be taken to have been revoked; and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.
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.
History
S 19AS(2) amended by No 70 of 2020, s 3 and Sch 13 item 16, by substituting
"
paragraph (1)(d)
"
for
"
paragraph (1)(c)
"
, 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).