Australian Capital Territory Current Acts

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CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 161I

Parole time credit—shortest period to apply

    (1)     Not more than 1 parole time credit per parole order is to be taken as time served against an offender's parole sentence.

    (2)     However, if an order has been made under this part that parole time credit is not to be taken as time served against an offender's parole sentence, no parole time credit for the parole order is to apply to the offender's parole sentence.

    (3)     The parole time credit to be taken as time served against an offender's parole sentence is the shortest parole time credit that applies under this part.

    (4)     To remove any doubt, subsection (3) applies despite—

        (a)     a longer parole time credit having been previously taken as time served against an offender's sentence for the parole order; and

        (b)     any other document stating a different parole time credit for the offender.

Example

Parole time credit was taken to be time served against an offender's parole sentence, ending on the day the order was cancelled and the offender was recommitted to full-time detention under s 161. Later, the offender is convicted of an offence committed while on parole. The offender's parole order is taken, under s 151, to have been cancelled on the day the offence was committed, and the offender is recommitted to full-time detention by the recommitting authority. On the second recommittal, the parole time credit to be taken as time served against the offender's sentence is the later parole time credit, being the shortest parole time credit that applies under this part.



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