Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 19AS

Court to issue warrant of detention where person required to serve balance of sentence

  (1)   If:

  (a)   a person who is serving or is to serve a federal sentence or federal sentences is released on parole or licence under this Act; and

  (b)   the person is later sentenced (the new sentence or sentences ) to a term of imprisonment in respect of one or more federal, State or Territory offences committed during the parole period or licence period; and

  (c)   under section   19AQ:

  (i)   the parole order or licence is to be taken to have been revoked; and

  (ii)   the person becomes liable to serve a part of a sentence or sentences (the outstanding sentence or sentences );

then:

  (d)   the court imposing the new sentence or sentences must issue a warrant authorising the person to be detained in prison to undergo imprisonment for the unserved part of the outstanding sentence or sentences; and

  (e)   the person must begin to serve the unserved part of the outstanding sentence or of the first to be served of the outstanding sentences on the day that the new sentence is, or the new sentences are, imposed; and

  (f)   the unserved part of the outstanding sentence or of each of the outstanding sentences must be served in the State or Territory where the new sentence is, or the new sentences are, imposed.

  (2)   Where the court fails to issue a warrant under paragraph   (1)(d), the Director of Public Prosecutions may apply to that court for such a warrant.



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