Australian Capital Territory Numbered Acts

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CRIMES (SENTENCE ADMINISTRATION) ACT 2005 (NO. 59 OF 2005) - SECT 293

Release on licence—criteria for board recommendations

    (1)     The board may make a recommendation for the release of an offender on licence only if it considers that the offender's release is appropriate, having regard to the principle that the public interest is of primary importance.

    (2)     In deciding whether to recommend the offender's release on licence, the board must consider the following matters:

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

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

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

        (d)     any report required by regulation in relation to the release of the offender on licence;

        (e)     any other report prepared by or for the Territory in relation to the release of the offender on licence;

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

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

        (h)     the offender's preparedness to undertake further activities while released on licence;

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

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

        (k)     the offender's acceptance of responsibility for the offence;

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

        (m)     anything else prescribed by regulation.

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



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