Northern Territory Consolidated Acts

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SENTENCING ACT 1995 - SECT 64

Further sentence if person on parole

    (1)     This section applies if:

        (a)     a person is sentenced in the Territory to a term of imprisonment, or is committed to prison under section 15(4), for an offence that was committed while a parole order under the Parole Act 1971 was in force for the person; and

        (b)     the parole order:

            (i)     was revoked by the Chairperson under section 5B(1)(b) of the Parole Act 1971 before the person was sentenced or committed; or

            (ii)     was cancelled by a court under section 6 of the Parole Act 1971 before the person was sentenced or committed; or

            (iii)     is taken, under section 5D of the Parole Act 1971 , to have been revoked because of the sentence or commitment.

    (2)     The court that sentences or commits the person must also order the person to be imprisoned for:

        (a)     if the parole order was revoked or cancelled as mentioned in subsection (1)(b)(i) or (ii) – the term that the person had not served when released from a custodial correctional facility under the parole order minus the part of the term the person served after the parole order was revoked or cancelled; or

        (b)     otherwise – the term that the person had not served when released from a custodial correctional facility under the parole order.

    (3)     The term of imprisonment to be served in accordance with subsection (2) starts at the end of the term of imprisonment to which the person is sentenced or committed for the offence mentioned in subsection (1).

    (4)     In this section:

"Chairperson", see section 3(1) of the Parole Act 1971 .

"offence" includes an offence against an Act or regulation of the Commonwealth.



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