Australian Capital Territory Current Acts

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CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 161

Cancellation of parole—recommittal to full-time detention

    (1)     This section applies if an offender's parole order is cancelled under part 7.4 (Supervising parole).

    (2)     The recommitting authority must order that the offender be placed in the director-general's custody to serve a period of imprisonment by full-time detention equal to the period of imprisonment the offender was liable to serve under the offender's sentence on the offender's parole release date.

    (3)     Subsection (2) is subject to section 139 (Parole—effect of custody during order) and part 7.5A (Parole time credit).

    (4)     If the offender is not in custody, the recommitting authority may also issue a warrant for the offender to be arrested and placed in the director-general's custody.

    (5)     The warrant—

        (a)     must be in writing; and

        (b)     may be signed by a person authorised by the recommitting authority; and

        (c)     must be directed to all escort officers or a named escort officer.

    (6)     An escort officer who arrests the offender under this section must place the offender in the director-general's custody as soon as practicable.

    (7)     In this section:

"recommitting authority" means—

        (a)     if the parole order is cancelled under section 149 (Automatic cancellation of parole order for ACT offence)—the court mentioned in that section; or

        (b)     if the parole order is cancelled by the board—the board.



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