Australian Capital Territory Current Acts

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CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 139

Parole—effect of custody during order

    (1)     An offender is taken, during a period, to be serving the sentence of imprisonment for which parole was granted if—

        (a)     the offender is taken into lawful custody during the period while on parole; and

        (b)     the custody is only in relation to the offender's parole obligations; and

        (c)     the custody is not counted within parole time credit applying under part 7.5A against the sentence.

Example—custody in relation to parole obligations

a period during which the offender is remanded in custody under s 144 (Arrest without warrant—breach of parole obligations)

    (2)     To remove any doubt, the offender is not taken to be serving the sentence of imprisonment for which the parole was granted if the reason for the custody is, or includes, anything other than the offender's parole obligations.

Example of other reason for custody

nonpayment of a fine or other amount (including restitution) under a court order



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