Parole eligibility date for prisoner serving term of imprisonment for life
181 Parole eligibility date for prisoner serving term of imprisonment for life
This section applies to a prisoner who is serving a term of imprisonment for life.
The prisoner’s parole eligibility date is the day after the day on which the prisoner has served the following period of time—
if the Criminal Code, section 305(2) applied on sentence—30 years or the longer time ordered under that section;
if the Criminal Code, section 305(4) applied on sentence—25 years or the longer time ordered under that section;
if the prisoner is serving a term of imprisonment for life for an offence of murder and paragraphs (a) and (b) do not apply—20 years;
otherwise—15 years.
However, if the term of imprisonment for life was imposed as the base component of a sentence under the Penalties and Sentences Act 1992, section 161R(2), the prisoner’s parole eligibility date is the day that is worked out by adding 7 years to the parole eligibility date that would otherwise apply to the prisoner under subsection (2).
Also, if a prisoner who is serving a term of imprisonment for life is sentenced under the Penalties and Sentences Act 1992, section 161R(2) for a prescribed offence, the prisoner’s parole eligibility date is the day that is worked out by adding, to the parole eligibility date that would otherwise apply to the prisoner under subsection (2) or (2A), the lesser of the following periods—
7 years;
the period of imprisonment provided for under the maximum penalty for the prescribed offence.
Despite subsections (2), (2A) and (2B), if a later parole eligibility date is fixed for the period of imprisonment under the Penalties and Sentences Act 1992, part 9, division 3, the prisoner’s parole eligibility date is the later date fixed under that division.
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