South Australian Current Acts

CORRECTIONAL SERVICES ACT 1982 - SECT 37C

37C—Revocation of release

        (1)         The CE—

            (a)         must revoke the release of a prisoner under this Division if the prisoner breaches a condition to which the release is subject; and

            (b)         may, in the absolute discretion of the CE, revoke the release of a prisoner under this Division for any other reason.

        (2)         A prisoner is not in breach of the condition requiring the prisoner to remain at the prisoner's residence if the prisoner leaves the residence for the purpose of averting or minimising a serious risk of death or injury (either to the prisoner or some other person).

        (3)         On the revocation of the release of a prisoner under this Division, the prisoner may be apprehended, without warrant, by a police officer or any authorised officer and returned to prison.

        (4)         Where a prisoner breaches a condition to which the release of the prisoner is subject or is, during the period of home detention, sentenced to imprisonment for an offence (whenever committed), the prisoner is liable to serve in prison the balance of the non-parole period or the term of imprisonment (as the case may require), being—

            (a)         in the case of a breach of condition or an offence committed during the period of home detention—the unexpired balance as at the date of the breach or offence; and

            (b)         in the case of an offence committed at any other time—the unexpired balance as at the date on which the further sentence of imprisonment is imposed.

        (5)         Subsection (4) applies notwithstanding that the period of home detention may have expired before the prisoner can be apprehended.

        (6)         A prisoner is, on breaching the condition referred to in section 37A(3)(a), unlawfully at large.