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CRIMES (SENTENCE ADMINISTRATION) ACT 2005 (NO. 59 OF 2005) - SECT 120

Criteria for making parole orders

    (1)     The board may make a parole order for an offender only if it considers that parole is appropriate for the offender, having regard to the principle that the public interest is of primary importance.

Note     Subsection (1) does not apply in relation to special parole applications (see s 126 and s 129).

    (2)     In deciding whether to make a parole order for an offender, the board must consider the following matters:

        (a)     any relevant recommendation, observation and comment made by the sentencing court;

        (b)     the offender's antecedents;

        (c)     any submission made, and concern expressed, to the board by a victim of the offender;

        (d)     the likely effect of the offender being paroled on any victim of the offender, and on the victim's family, and, in particular, any concern, of which the board is aware, expressed by or for the victim, or the victim's family, about the need for protection from violence or harassment by the offender;

        (e)     any report required by regulation in relation to the granting of parole to the offender;

        (f)     any other report prepared by or for the Territory in relation to the granting of parole to the offender;

        (g)     the offender's conduct while serving the offender's sentence of imprisonment;

        (h)     the offender's participation in activities while serving the sentence of imprisonment;

              (i)     the likelihood that, if released on parole, the offender will commit further offences;

        (j)     the likelihood that, if released on parole, the offender will comply with any condition to which the parole order would be subject;

        (k)     whether parole is likely to assist the offender to adjust to lawful community life;

        (l)     any special circumstances in relation to the application;

        (m)     anything else prescribed by regulation.

    (3)     Subsection (2) does not limit the matters the board may consider.



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