› Post-custodial orders — Parole — Breach and revocation
Criminal law
› Sentence
› Outstanding sentence — Calculation following parole revocation
Criminal law
› Sentence
› Clean street period — Calculation end date — Date of revocation versus date of breach
Statutory interpretation
› Commonwealth legislation
› Crimes Act 1914 (Cth) — Section 19AQ(4)(b) — Discretion to credit good behaviour on parole
Quick Take
1Under ss 19AU(1) and 19AQ(4) of the Crimes Act 1914 (Cth), the 'clean street period' for calculating good behaviour credit following federal parole revocation runs from the date of release on parole to the date of the revocation order, not to the date of the breach that led to revocation.
2Section 19AQ(4)(b) of the Crimes Act 1914 (Cth) confers a discretion on the court to assess good behaviour during the clean street period; it does not impose an 'all or nothing' requirement that either the entire period from release to revocation be credited or none of it be credited.
3The discretionary construction of s 19AQ(4)(b) accommodates the practical reality that a breach may occur on a single day while the offender remains on parole and may continue to exhibit good behaviour until the revocation order is made.
