New South Wales Consolidated Acts

HABITUAL CRIMINALS ACT 1957 - SECT 7

7 Governor may direct habitual criminal’s release

(1) If the Governor determines that an habitual criminal undergoing imprisonment or detention at the commencement of this Act, or detained in prison pursuant to a direction of a judge, justice or justices given under the provisions of section 8 of the Habitual Criminals Act 1905-1952 is sufficiently reformed, or for other good cause, the Governor may grant to the habitual criminal a written licence to be at large, for such period endorsed on the licence and subject to such conditions so endorsed as the Governor shall prescribe:
Provided that where an habitual criminal is at such commencement serving a definite term of imprisonment, a written licence to be at large shall not be granted to the habitual criminal under this subsection until that term has expired or been otherwise vacated.

(2)

(a) The Governor may:

(i) if the Governor is satisfied that the conduct and attitude of an habitual criminal during the period of such habitual criminal’s imprisonment pursuant to a sentence imposed under the provisions of section 6 or 8 warrant such habitual criminal’s release on licence under the provisions of this subsection, grant to such habitual criminal, at any time after the expiration of two-thirds of such sentence, a written licence to be at large,

(ii) if for any other good cause the Governor determines that an habitual criminal sentenced under the provisions of section 6 or 8 should be released on licence under the provisions of this subsection, grant to such habitual criminal a written licence to be at large.

(b) Where in the exercise of the royal prerogative of mercy the Governor proposes to remit any sentence imposed on an habitual criminal under the provisions of section 6 or 8 the Governor may in lieu of remitting such sentence grant to such habitual criminal a written licence to be at large.

(c) Any written licence granted under this subsection shall be for such period endorsed on the licence and subject to such conditions so endorsed as the Governor may prescribe:
Provided that such period shall not extend beyond the time when the term of imprisonment imposed on such habitual criminal under the said section 6 or 8 would, if the habitual criminal were not released on licence under the provisions of paragraph (a) or (b), expire by effluxion of time.

(3) Nothing in this section shall limit or in any way affect the powers vested in the Governor in the exercise of the royal prerogative of mercy.