Victorian Current Acts Victorian Current Acts(1) The Board may again release a prisoner on parole although the prisoner's parole has been cancelled on a previous occasion or on previous occasions in respect of the same prison sentence but if the prisoner has been sentenced to another prison sentence the Board must not release the prisoner on parole until the prisoner has served the non‑parole period or, if no non-parole period is fixed, the prison sentence.
S. 78(2) inserted by No. 31/2014 s. 9.
(2) Subsection (3) applies to a prisoner—
(a) whose parole has or is taken to have been cancelled under section 77; and
(b) who is convicted of an offence that—
(i) is punishable by imprisonment; and
(ii) was committed during the parole period.
S. 78(3) inserted by No. 31/2014 s. 9.
(3) The Board must not make a parole order under section 74 in respect of the prisoner unless the prisoner has served—
(a) a further term of imprisonment equal to half of the parole period remaining at the time the prisoner's parole was cancelled; or
(b) in the case of a prisoner sentenced to be imprisoned for the term of his or her natural life—3 years imprisonment from the time the prisoner's parole was cancelled.
S. 78(4) inserted by No. 31/2014 s. 9.
(4) The Board may make a parole order before the time referred to in subsection (3) if the Board is satisfied that circumstances exist which justify doing so.
S. 78(5) inserted by No. 64/2017 s. 16.
(5) For the purposes of this section, the Board must have regard to the record of the court in relation to the offending, including the judgment and the reasons for sentence.
S. 78A inserted by No. 46/2013 s. 3 (as amended by No. 25/2014 s. 13), amended by No. 41/2015 s. 21 (ILA s. 39B(1)).