Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 233

Cancellation of parole

233. Cancellation of parole



(1) If a person is released on or granted parole under section 231, 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 training 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 training 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 training 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 training 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 240 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 training 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.