CRIMES ACT 1914

Part IB - Sentencing, imprisonment and release of federal offenders  

Division 5 - Conditional release on parole or licence  

Subdivision B - Revocation of parole order or license  

SECTION 19AR   Fixing of non-parole period etc. where parole or licence automatically revoked  

(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) the person is later sentenced to life imprisonment or to a term of imprisonment of, or terms of imprisonment aggregating, more than 3 years in respect of a federal offence or federal offences committed during the parole period or licence period; and


(c) under section 19AQ , because of the imposition of the sentence or sentences referred to in paragraph (b) (in this subsection called the new sentence or sentences ):


(i) the parole order or licence is to be taken to have been revoked; and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 the person had not served at the time of release;

the court imposing the new sentence or sentences must fix a single new non-parole period in respect of the new sentence or sentences and the outstanding sentence or sentences having regard to the total period of imprisonment that the person is liable to serve.

(2)  
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) the person is later sentenced to a term of imprisonment of, or terms of imprisonment aggregating, 3 years or less in respect of a federal offence or federal offences committed during the parole period or licence period; and


(c) under section 19AQ , because of the imposition of the sentence or sentences referred to in paragraph (b) (in this subsection called the new sentence or sentences ):


(i) the parole order or licence is to be taken to have been revoked; and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 the person had not served at the time of release;

then:


(d) if one of the outstanding sentences is a sentence of life imprisonment or the new sentence or sentences and the unserved part of the outstanding sentence or sentences aggregate more than 3 years - the court imposing the new sentence or sentences must fix a single new non-parole period in respect of the new sentence or sentences and the outstanding sentence or sentences; and


(e) if the new sentence or sentences and the unserved part of the outstanding sentence or sentences aggregate 3 years or less - the court imposing the new sentence or sentences must not fix a non-parole period but may make a recognizance release order in respect of the new sentence or sentences and the outstanding sentence or sentences;

and, in doing so, the court must have regard to the total period of imprisonment that the person is liable to serve.

(3)  
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) the person is later sentenced to a term or terms of imprisonment in respect of one or more State or Territory offences committed during the parole period or licence period; and


(c) under section 19AQ , because of the imposition of the sentence or sentences referred to in paragraph (b) (in this subsection called the new sentence or sentences ):


(i) the 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 the person had not served at the time of release;

then:


(d) if one of the outstanding sentences is a life sentence or the unserved part of the outstanding sentence or sentences is or aggregates more than 3 years - the court imposing the new sentence or sentences must fix a single new non-parole period in respect of the outstanding sentence or sentences; and


(e) if the unserved part of the outstanding sentence or sentences is or aggregates 3 years or less - the court imposing the new sentence or sentences must not fix a non-parole period but may make a recognizance release order in respect of the outstanding sentence or sentences.

(4)  
Where, but for this subsection, the court would be required by subsection (1), (2) or (3) to fix a non-parole period, the court is not required to do so if it is satisfied, having regard to the nature and circumstances of the offence or offences concerned and to the antecedents of the offender, that it is not appropriate to do so.

(5)  
Where a court decides, under this section, that it is inappropriate either to fix a non-parole period, or to make a recognizance release order, the court:


(a) must state its reasons for so deciding; and


(b) must cause these reasons to be entered in the records of the court.

(6)  


Without limiting, by implication, the application of any other provision of Division 4 , sections 19AF , 19AJ and 19AK apply, according to their terms, in relation to the fixing of non-parole periods or the making of recognizance release orders under this section in the same way as they apply to the fixing of such periods or the making of such orders under Division 4 .

(7)  
Without limiting, by implication, the application of any other provision of Division 4 , section 19AH applies, according to its terms, in relation to the failure to fix, or properly to fix, non-parole periods or the failure to make, or properly to make, recognizance release orders under this section in the same way as it applies to such failures in relation to the fixing of such periods or the making of such orders under Division 4 .




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