Western Australian Repealed Acts

This legislation has been repealed.

SENTENCE ADMINISTRATION ACT 1995 - SECT 26

26 .         Board may postpone, defer or refuse parole

        (1)         This section applies in the case of a prisoner who is serving a parole term and who is eligible to be released on parole.

        (2)         Instead of making a parole order releasing the prisoner on the date when under section 21 he or she would otherwise have to be released on parole, the Board may —

            (a)         postpone the parole of the prisoner by making a parole order in which the specified release date is a later date;

            (b)         defer making a parole order; or

            (c)         refuse to make a parole order.

        (3)         The Board must not make an order under subsection (2) unless there appears to the Board to be special circumstances which justify it in doing so having regard to —

            (a)         the nature and circumstances of the offence for which the parole term was imposed;

            (b)         the degree of risk that the release of the prisoner appears to present to the personal safety of people in the community or of any individual in the community;

            (c)         any other matter relevant to deciding that the prisoner ought not be released on the date when under section 21 he or she would otherwise have to be released on parole.

        (4)         In deciding whether to exercise the powers in subsection (2) the Board is to consider any information about the prisoner brought to its attention including any report by the CEO made under section 19.