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 19AT   What happens when later conviction is quashed?  

(1)  
Where:


(a) a person who is serving or is to serve a federal sentence or sentences of imprisonment 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(i) that parole order or licence is to be taken to have been revoked; and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) if the person appeals against the conviction or each conviction giving rise to a new sentence and is granted bail, pending the hearing of the appeal or appeals:


(i) this Act has effect, pending the hearing of that appeal or those appeals, as if the revoked order or licence had not been revoked and as if any warrant for the detention of the person issued under section 19AS were of no effect; and

(ii) the person must be released from prison on the day the person is granted bail; and


(d) if the appeal court sets aside the conviction or each of the convictions and the person concerned is granted bail or bail is extended pending a retrial of the offence or offences concerned:


(i) this Act has effect, or continues to have effect, pending the completion of the retrial, as if the revoked order or licence had not been revoked and as if any warrant for the detention of the person issued under section 19AS were of no effect; and

(ii) if the person had not already been released from prison under paragraph (c), the person is to be released on the day the person is granted bail or bail is extended; and


(e) if the conviction or each conviction appealed against is quashed on appeal or the person is found, on a retrial, not to be guilty of the offence or each of the offences:


(i) this Act has effect, or continues to have effect, as if the revoked order or licence had not been revoked and as if any warrant for the detention of the person issued under section 19AS were of no effect; and

(ii) if the person had not already been released from prison under paragraph (c) or (d), the person must be released from prison on the day the conviction or each conviction is quashed on appeal or the person is found, on a retrial not to be guilty of the offence or offences; and


(f) if paragraph (c), (d) or (e) applies - the unserved part of the outstanding sentence or sentences shall (except in the case of an outstanding sentence of life imprisonment) be reduced by the period spent in prison after the day the new sentence is or the new sentences are imposed and before the day of the person's release on bail or, if the person is not so released, before the resolution of the appeal.

(2)  
If the appeal against the conviction or each conviction giving rise to a new sentence is unsuccessful, section 19AS applies, with effect from the day the appeal proceedings are completed, as if the new sentence or new sentences were imposed on that day by the court to which the appeal was made.

(3)  
Nothing in subsection (1) prevents a person from being detained in prison under any other law.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.