Victorian Current Acts Victorian Current Acts(1) This section applies to a prisoner if—
(a) the prisoner is convicted of murder and sentenced (whether before, on or after this subsection comes into operation) to a term of imprisonment with a non-parole period, whether the non-parole period is set at or after the time of sentencing; and
(b) the person whom the prisoner is convicted of murdering was a police officer; and
(c) the Board is satisfied that the prisoner, at the time of carrying out the conduct that resulted in the police officer's death—
(i) intended to cause the death of, or really serious injury to, a police officer (whether or not the prisoner intended to cause the death of, or really serious injury to, any particular police officer); or
(ii) knew that the person whose death was caused by the conduct was a police officer; or
(iii) knew that it was probable that the death of, or really serious injury to, a police officer would be caused by the conduct (whether or not the prisoner knew that it was probable that the death of, or really serious injury to, any particular police officer would be caused by the conduct).
(2) In considering whether it is satisfied under paragraph (1)(c), the Board must have regard only to the following—
(a) the evidence led at trial;
(b) the judgment;
(c) the reasons for sentence;
(d) any reasons in connection with the fixing of a non-parole period, whether the non-parole period is set at or after the time of sentencing;
(e) any judgment on appeal.
(3) The Board must not make a parole order under section 74 or 78, in respect of a prisoner to whom this section applies, unless an application for the parole order is made by or on behalf of the prisoner.
(4) The application must be lodged with the secretary of the Board.
(5) After considering the application, the Board must not make a parole order under section 74 or 78 (as the case may be) in respect of the prisoner unless the Board—
(a) is satisfied (on the basis of a report prepared by the Secretary to the Department) that the prisoner—
(i) is in imminent danger of dying, or is seriously incapacitated and, as a result, the prisoner no longer has the physical ability to do harm to any person; and
(ii) has demonstrated that the prisoner does not pose a risk to the community; and
(b) is further satisfied that, because of those circumstances, the making of the parole order is justified.
(6) In considering the application, the Board—
(a) must have regard to the record of the court in relation to the offending, including the judgment and the reasons for sentence; and
(b) may have regard to any other information that the Board considers is relevant.
(7) For the avoidance of doubt, section 73A applies to the determination of the Board under this section.
(8) In this section, "police officer "means a police officer—
(a) who, at the time the murder of that police officer occurred, was performing any duty or exercising any power of a police officer; or
(b) the murder of whom arose from or was connected with the police officer's role as a police officer, whether or not the police officer was performing any duty or exercising any power of a police officer at the time of the murder.
(9) The Charter of Human Rights and Responsibilities Act 2006 has no application to this section.
(10) Without limiting subsection (9), section 31(7) of the Charter of Human Rights and Responsibilities Act 2006 does not apply to this section.
S. 74AA inserted by No. 18/2014 s. 3.