Decision on request for immediate suspension of parole order
208B Decision on request for immediate suspension of parole order
If a request is made under section 208A, the parole board or a prescribed board member must as soon as practicable consider the request.
However, the parole board or a prescribed board member may decide the priority for considering requests made under section 208A, having regard to the seriousness of the nature of the grounds on which the requests are made.
If the parole board considers the request, the parole board must decide whether to suspend or cancel the parole order.
If a prescribed board member considers the request, the prescribed board member must decide whether to suspend the parole order.
The parole board may decide to suspend or cancel the parole order, or the prescribed board member may decide to suspend the parole order, only if the parole board or member reasonably believes the prisoner—
has failed to comply with the parole order; or
poses a serious and immediate risk of harm to another person; or
poses an unacceptable risk of committing an offence; or
is preparing to leave the State, other than under a written order granting the prisoner leave to travel interstate or overseas; or
poses a risk of carrying out a terrorist act.
If the parole board considers the request, the decision whether or not to suspend or cancel the parole order is taken to have been made under section 205(2).
If the parole board decides not to suspend or cancel the parole order, or the prescribed board member decides not to suspend the parole order, the parole board or member must give the chief executive written notice of the decision.
If the prescribed board member decides to suspend the parole order, the member may—
by written order, suspend the parole order; and
issue a warrant, signed by the member or an officer of the secretariat, for the prisoner’s arrest.
The order has effect from when it is made.
The warrant may be directed to all police officers.
When arrested, the prisoner must be taken to a prison—
if the order was suspended—to be kept there for the suspension period; or
if the order was cancelled—to serve the unexpired portion of the prisoner’s period of imprisonment.
Notes—
1 See section 112 for the power of the parole board, a magistrate or the chief executive, on the application of a corrective services officer, to issue a warrant for a prisoner’s arrest if the prisoner is unlawfully at large and the prisoner’s parole order is suspended.
2 See section 112(1)(a) for the power of a corrective services officer to arrest a prisoner without warrant if the prisoner is unlawfully at large and the prisoner’s parole order is suspended.
This Act’s bill:Explanatory memorandum
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