460Cancellation of parole

460 Cancellation of parole

S. 460(1) amended by No. 32/2018 s. 107.

(1) Subject to this section and sections 460A, 460B and 460C, 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 subsection (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 subsection (2) in any case where a warrant has been issued under subsection (5)(a) unless the Youth Parole Board is satisfied that the warrant will not be executed.

S. 460(4) amended by No. 61/2014 s. 113(1).

(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 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—

S. 460(5)(a) amended by No. 37/2014 s. 10(Sch. item 18.12), substituted by No. 61/2014 s. 113(2).

(a) authorise any police officer or other officer by warrant signed by the secretary or a member of the Board—

(i) to search for and apprehend the person and for that purpose to—

(A) enter any premises where the person is believed to be located; and

(B) in the case of a police officer, use reasonable force to enter those premises; and

(ii) to return the person to the following place to serve the unexpired portion of the person's sentence of detention or to be otherwise dealt with by the Youth Parole Board—

(A) in the case of a person released from a youth justice centre, a youth justice centre; and

(B) in the case of a person released from a youth residential centre, a youth residential centre; or

S. 460(5)(b) amended by No. 37/2014 s. 10(Sch. item 18.12), substituted by No. 61/2014 s. 113(2).

(b) whether or not a warrant has been issued under paragraph (a), apply to a magistrate for a warrant authorising any police officer or other officer to do the things described in paragraph (a)(i) and (ii).

S. 460(6) substituted by No. 61/2014 s. 113(3).

(6) A warrant issued under subsection (5)(a) is sufficient authority for doing the things described in subsection (5)(a)(i) and (ii).