Victorian Numbered Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 460

Cancellation of parole

    (1)     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 sub-section (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 sub-section (2) in any case where a warrant has been issued under sub-section (5)(a) unless the Youth Parole Board is satisfied that the warrant will not be executed.

    (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 further 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—

        (a)     authorise any member of the police force or other officer by warrant signed by the secretary or a member of the Board to apprehend the person and return the person to a youth justice centre to serve the unexpired portion of the person's sentence of detention; or

        (b)     whether or not a warrant has been issued under paragraph (a), apply to a magistrate for a warrant authorising any member of the police force or other officer to apprehend the person and return the person to a youth justice centre to serve the unexpired portion of the person's sentence of detention.

    (6)     A warrant issued under sub-section (5)(a) is sufficient authority for the person's apprehension and return to a youth justice centre to serve the unexpired portion of the person's sentence of detention or for the person to be otherwise dealt with by the Youth Parole Board.

    (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.



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