Aggregation of parole terms for certain purposes
94 Aggregation of parole terms for certain purposes
In the case of a prisoner serving 2 or more parole terms —
the time when he or she is eligible to be released on parole; and
the parole period for such a prisoner,
are to be calculated by reference to the aggregate of those terms, but only if under subsection (3) or (4) those terms are to be aggregated.
If under this section the matters referred to in subsection (1) are not to be calculated by reference to the aggregate of 2 or more parole terms, the matters are to be calculated in respect of each of the 2 or more parole terms separately.
A parole term imposed at the same time as another parole term is to be aggregated with that other term for the purposes of subsection (1) unless it is to be served partly concurrently with that other term.
A parole term imposed at a different time to another parole term is to be aggregated with that other term for the purposes of subsection (1) unless —
it is to be served concurrently with that other term or partly concurrently with it; or
the other term was imposed before the commencement of Part 2 Division 4 of the Sentencing Legislation Amendment and Repeal Act 2003.
Subject to this section, a parole term, or an aggregate of parole terms, may be aggregated with the aggregate of 2 or more other parole terms, but a parole term, or an aggregate of parole terms, imposed before the commencement of Part 2 Division 4 of the Sentencing Legislation Amendment and Repeal Act 2003 is not to be aggregated with a parole term, or aggregate of parole terms, imposed after that commencement.
For the purposes of applying this section a reference in this Part or in the Sentence Administration Act 2003 to a prisoner serving a parole term is, where necessary, to be taken as including a reference to a prisoner serving more than one parole term and in such a case, if under this section the terms can be aggregated, the reference to the term is to be taken as being a reference to the aggregate of the terms.
Table showing some examples of the operation of this section and sections 88 and 93, and section 7 of the Sentence Administration Act 2003 | |||
|---|---|---|---|
Parole term 1 | Parole term 2 | Whether concurrent etc. | Effect |
4 years | 6 years | Concurrent | Aggregation of terms permitted for parole calculations. Aggregate = 6 years. Non‑parole period = 4 years. (Calculated on aggregate). If not paroled, serve 6 years. |
4 years | 6 years | Cumulative | Aggregation of terms permitted for parole calculations. Aggregate = 10 years. Non‑parole period = 8 years. (Calculated on aggregate). If not paroled, serve 10 years. |
4 years | 6 years | Partly concurrent: 1 year of term 1 to be served before term 2 begins. (See s. 88(4)) | Aggregation of terms not permitted for parole calculations. Serve 1 year of term 1. Then begin serving term 2 concurrently with rest of term 1. Non‑parole period on term 2 = 4 years. Result: serve 5 years before eligible for parole. If not paroled, serve 7 years. |
[Section 94 inserted: No. 50 of 2003 s. 20; amended: No. 41 of 2006 s. 77.]
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