Victorian Current Acts Victorian Current ActsS. 460(1) amended by No. 32/2018 s. 107.
(1) Subject to this section and sections 460A, 460B and 460C, if a person is released on or granted parole under section 458, the Youth Parole Board may at any time before the end of the parole period by order cancel the parole.
(2) If the Youth Parole Board cancels a person's parole under subsection (1) the Youth Parole Board may at any time by further order revoke the cancellation and, on that revocation, the parole order revives.
(3) The Youth Parole Board must not make a revocation order under subsection (2) in any case where a warrant has been issued under subsection (5)(a) unless the Youth Parole Board is satisfied that the warrant will not be executed.
S. 460(4) amended by No. 61/2014 s. 113(1).
(4) If the person is sentenced to a term of imprisonment or to a period of detention in a youth residential centre for more than 3 months or to a period of detention in a youth justice centre for more than 3 months in respect of an offence committed during the parole period, whether in Victoria or elsewhere, the Youth Parole Board may cancel that person's parole, whether or not the parole period may already have ended.
(5) If a person's parole is cancelled, the Youth Parole Board or any member of the Board may—
S. 460(5)(a) amended by No. 37/2014 s. 10(Sch. item 18.12), substituted by No. 61/2014 s. 113(2).
(a) authorise any police officer or other officer by warrant signed by the secretary or a member of the Board—
(i) to search for and apprehend the person and for that purpose to—
(A) enter any premises where the person is believed to be located; and
(B) in the case of a police officer, use reasonable force to enter those premises; and
(ii) to return the person to the following place to serve the unexpired portion of the person's sentence of detention or to be otherwise dealt with by the Youth Parole Board—
(A) in the case of a person released from a youth justice centre, a youth justice centre; and
(B) in the case of a person released from a youth residential centre, a youth residential centre; or
S. 460(5)(b) amended by No. 37/2014 s. 10(Sch. item 18.12), substituted by No. 61/2014 s. 113(2).
(b) whether or not a warrant has been issued under paragraph (a), apply to a magistrate for a warrant authorising any police officer or other officer to do the things described in paragraph (a)(i) and (ii).
S. 460(6) substituted by No. 61/2014 s. 113(3).
(6) A warrant issued under subsection (5)(a) is sufficient authority for doing the things described in subsection (5)(a)(i) and (ii).
S. 460(6A) inserted by No. 61/2014 s. 113(4).
(6A) A police officer or other officer who, in executing a warrant issued under subsection (5)(a) or (b), intends to enter any premises where the person whose parole is cancelled is believed to be located must announce that the police officer or other officer is authorised by the warrant to enter the place.
S. 460(6B) inserted by No. 61/2014 s. 113(4).
(6B) If a police officer complies with subsection (6A) and is unable to obtain unforced entry to the premises, the police officer must give any person at the premises an opportunity to allow entry to the premises.
S. 460(6C) inserted by No. 61/2014 s. 113(4).
(6C) A police officer need not comply with subsection (6B) if the police officer believes on reasonable grounds that immediate entry to the place is required to ensure—
(a) the safety of any person; or
(b) that the effective execution of the warrant is not frustrated.
(7) If a person's parole is cancelled the original warrant or other authority for the person's detention revives and unless the Youth Parole Board otherwise orders, having regard to the extent to and the manner in which the person complied with the parole order, no part of the time between the person's release on parole and his or her recommencing to serve the unexpired portion of the period of detention is to be regarded as time served in respect of the period of detention.
(8) If section 467 applies, the warrant or other authority must in all respects be regarded as and taken to be a warrant to imprison the person in a youth justice centre.
(9) The Youth Parole Board may revoke any order for cancellation of parole at any time before the warrant to arrest is executed and, on revoking the order, must cause the warrant to be withdrawn.
S. 460A inserted by No. 32/2018 s. 108.