Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 160G

160G Court may fix any day of sentence as parole release date

(1) If, under this Act, the court must fix a parole release date for an offender, the court may fix any day of the offender’s sentence as the offender’s parole release date.

Examples—

1 An offender who has been held in remand for 7 days is found guilty of an offence and sentenced to 7 days imprisonment. The sentencing court may fix the sentencing day as the offender’s parole release date.

2 An offender is sentenced to 14 days imprisonment for contempt of court. The sentencing court may fix the last day of the sentence as the offender’s parole release date.

(2) If the offender’s parole release date is the date the offender is to be unconditionally released from lawful custody, the chief executive (corrective services) is not required to issue a court ordered parole order under the Corrective Services Act 2006 , section 199 .

(3) If the court fixes the date on which an offender is sentenced as the offender’s parole release date and subsection (2) does not apply, the offender is taken immediately to be subject to a court ordered parole order—

(a) containing the conditions mentioned in the Corrective Services Act 2006 , section 200 (1) ; and

(b) requiring the offender to report to a probation and parole office as defined under that Act and obtain a copy of the court ordered parole order between 9a.m. and 5p.m. either on the day the court fixes the offender’s parole release date or on the next business day.

Examples—

1 The court fixes the offender’s parole release date on a Thursday and the following day (Friday) is not a public holiday. The offender must report to a probation and parole office and obtain a copy of the parole order either before 5p.m. on the Thursday or between 9a.m. and 5p.m. on the Friday.

2 The court fixes the offender’s parole release date on a Friday and the following Monday is not a public holiday. The offender must report to a probation and parole office and obtain a copy of the parole order either before 5p.m. on the Friday or between 9a.m. and 5p.m. on the Monday.

(4) An offender who fails to report to a probation and parole office and obtain a copy of the court ordered parole order as required under subsection (3) (b) is unlawfully at large for the Corrective Services Act 2006 .

(5) A court mentioned in subsection (3) must, when fixing the offender’s parole release date, tell the offender—

(a) of the requirement imposed on the offender under the subsection; and

(b) of the consequences if the offender fails to comply with the requirement.

(6) In this section—

"court ordered parole order" means a court ordered parole order as defined under the Corrective Services Act 2006 .