Victorian Numbered Acts

CORRECTIONS AMENDMENT (BREACH OF PAROLE) ACT 2013 (NO. 46 OF 2013) - SECT 3

After section 78 of the Corrections Act 1986 insert —

    " 78A     Offence to breach a term or condition of parole

A prisoner while released under a parole order must not, without reasonable excuse, breach a prescribed term or condition of that parole order.

Penalty:     3 months imprisonment, 30 penalty units or both.

Note

See sections 16 and 33 of the Sentencing Act 1991 .

        78B     Arrest and detention for breach of parole order

    (1)     A member of the police force may, without warrant, arrest a prisoner released under a parole order if he or she suspects on reasonable grounds that the prisoner has committed an offence against section 78A.

    (2)     A prisoner who is arrested under subsection (1)     may be detained in custody if the member of the police force who arrested the prisoner is satisfied that—

        (a)     the breach of a term or condition of the parole order that constitutes the offence is not trivial or minor; and

        (b)     the detention is necessary to prevent the prisoner continuing the breach or committing a further breach of a term or condition of the parole order.

    (3)     A prisoner who is arrested under subsection (1)     must be detained in custody if the alleged breach of a term or condition of the parole order is—

        (a)     the commission of an offence punishable by imprisonment, other than an offence against section 78A; or

        (b)     a breach of a term or condition of the parole order that is prescribed for the purposes of this section.

    (4)     If a prisoner is detained under subsection (2) or (3), the member of the police force who arrested the prisoner must cause the Board to be notified of the detention not more than 12 hours after the arrest of the prisoner.

        78C     Consideration by Board of breach of terms and conditions of parole

    (1)     As soon as reasonably practicable after being notified under section 78B(4) of the detention of a prisoner, the Board must by instrument order that—

        (a)     the prisoner be detained in a prison or a police gaol pending consideration by the Board of the breach of the term or condition of the prisoner's parole order; or

        (b)     the prisoner cease to be detained under section 78B(2) or (3).

    (2)     The function of the Board referred to in subsection (1) may be exercised on behalf of the Board by a member of the Board appointed under section 61(2)(a), (ab), (b), (c), (d) or (da).

    (3)     If an order has been made under subsection (1)(a), the Board must consider the breach of the term or condition of the prisoner's parole order under this Division as soon as practicable after it is notified of the detention of the prisoner.

        78D     Certain provisions of the Crimes Act 1958 and the Bail Act 1977 not to apply

    (1)     Section 464A of the Crimes Act 1958 and section 4 of the Bail Act 1977 do not apply in relation to a prisoner detained under—

        (a)     section 78B(2) or (3); or

        (b)     an order made under section 78C(1)(a).

    (2)     Subsection (1) ceases to apply in relation to a prisoner if the Board, after considering the alleged breach of the term or condition of the prisoner's parole order under this Division, does not cancel the prisoner's parole order.

        78E     Time in detention is time served

    (1)     If a prisoner is detained under section 78B(2) or (3), the period during which the prisoner is so detained is to be regarded as time served in respect of the prison sentence for which the prisoner was released on parole.

    (2)     If the Board makes an order under section 78C(1)(a), the period during which a prisoner is detained under that order is to be regarded as time served in respect of the prison sentence for which the prisoner was released on parole.".