458Release on parole from youth residential centre or youth justice centre

458 Release on parole from youth residential centre or youth justice centre

S. 458(1) amended by Nos 61/2014 s. 112(2), 32/2018 s. 106(1).

(1) Subject to this section, the Youth Parole Board may by order in writing direct that a person detained in a youth residential centre, a youth justice centre or otherwise subject to the jurisdiction of the Youth Parole Board be released on or granted parole at the time specified in the order and, unless the Youth Parole Board revokes the order under subsection (2), the person must be released on or granted parole accordingly.

S. 458(1AA) inserted by No. 32/2018 s. 106(2).

(1AA) If the Secretary to the Department of Justice and Regulation provides the Youth Parole Board with terrorism risk information under section 457B in respect of a person, the Board must not determine whether to release the person on parole until the Board has first determined whether or not the Board is satisfied that there is a risk that the person will commit a terrorism or foreign incursion offence.

S. 458(1AAB) inserted by No. 32/2018 s. 106(2).

(1AAB) Subsection (1AA) does not apply in relation to a determination of whether to release on parole a person who—

(a) has a terrorism record; or

(b) is charged with a terrorism or foreign incursion offence.

S. 458(1AAC) inserted by No. 32/2018 s. 106(2).

(1AAC) The presumption against parole set out in subsection (1AAD) applies to a person if—

(a) the person has a terrorism record; or

(b) the person is charged with a terrorism or foreign incursion offence; or

(c) the Youth Parole Board has determined, under subsection (1AA), that there is a risk that the person will commit a terrorism or foreign incursion offence.

S. 458(1AAD) inserted by No. 32/2018 s. 106(2).

(1AAD) The Youth Parole Board must not release on parole a person referred to in subsection (1AAC) unless satisfied that—

(a) in the case of a person who has been convicted of a terrorism or foreign incursion offence, there are exceptional circumstances that justify making the order; or

(b) in any other case, there are compelling reasons that justify making the order.

S. 458(1A) inserted by No. 69/2014 s. 9.

(1A) Despite subsection (1), the Youth Parole Board must not release on parole a person in respect of whom a youth justice centre order has been made in accordance with section 10AA(2) of the Sentencing Act 1991 before the expiry of the minimum term applicable under that section.

(2) Before a person is released under a parole order the Youth Parole Board may revoke the parole order.