When parole order must be made
174A When parole order must be made
This section applies if an offender on whom a finite sentence has been imposed is not currently on parole 6 months before the relevant period of imprisonment for the offender ends (the 6-month period).
To remove any doubt, it is declared that this section applies even if the offender made an application under section 174 (an offender application) that has not been not decided.
The Queensland board must, within the 6-month period, make a parole order under the Corrective Services Act 2006, section 194.
If the offender has made an offender application, subsection (3) applies even if the decision on the application was not or would not have been to grant the parole.
If the offender has not made an offender application, subsection (3) applies as if the offender had lawfully made an offender application.
Note—
The word ‘lawfully’ is necessary because ordinarily an offender application within the 6-month period would be prevented under section 174(2).
The parole order may order the offender’s release at any time during or at the end of the 6-month period for a parole period ending after the relevant period of imprisonment ends.
The board must decide the parole period which is to start from the release.
The parole period decided by the board must be 5 years, subject to subsection (9).
The parole period may be less than 5 years only if the board considers that period is appropriate having regard to any relevant board guidelines.
In this section—
relevant period of imprisonment, for the offender, see section 174(9).
This Act’s bill:Explanatory memorandum
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