sec.184Parole eligibility date for other prisoners

### sec.184 Parole eligibility date for other prisoners This section applies to a prisoner who— has been sentenced for an offence— before the commencement—to a period of imprisonment of more than 2 years or, if the offence was committed before 1 July 2001, to a period of imprisonment of any length; or after the commencement—to a period of imprisonment of more than 3 years (excluding the mandatory component of any sentence of imprisonment imposed on the prisoner under the Penalties and Sentences Act 1992 , section 161R (2) ); or is serving a period of imprisonment of not more than 3 years for an offence (excluding the mandatory component of any sentence of imprisonment imposed on the prisoner under the Penalties and Sentences Act 1992 , section 161R (2) ), if the period includes a term of imprisonment for a sexual offence; or is serving a period of imprisonment ordered to be served under the Penalties and Sentences Act 1992 , section 147 (1) (b) or (c) ; or was the subject of a court ordered parole order that has been cancelled under this Act. The prisoner’s parole eligibility date is the day after the day on which the prisoner has served half the period of imprisonment to which the prisoner has been sentenced, despite any grant of remission. However— if an earlier or later parole eligibility date is fixed for the prisoner under the Penalties and Sentences Act 1992 , part 9 , division 3 , the prisoner’s parole eligibility date is the date fixed under that division; or if paragraph (a) does not apply and the prisoner is a prisoner mentioned in subsection (1) (d) , the prisoner’s parole eligibility date is the date that was fixed for the prisoner’s release under that parole order. Despite subsections (2) and (3) (a) , if the prisoner has been sentenced for the offence under the Penalties and Sentences Act 1992 , section 161R (2) , the prisoner’s parole eligibility date is the day that is worked out by adding the relevant further period to the notional parole eligibility date fixed for the prisoner under subsection (3B) . The notional parole eligibility date is the day that would apply under subsection (2) or (3) (a) if the term of imprisonment imposed on the prisoner under the Penalties and Sentences Act 1992 , section 161R (2) consisted only of the base component of the sentence imposed under that section. This section is subject to section 185 . In this section— commencement means the commencement of this section. offence , in relation to a prisoner, does not include the following offences— an offence for which the prisoner has been sentenced to life imprisonment; a serious violent offence; an offence for which the prisoner is being detained in an institution for a period fixed by a judge under the Criminal Law Amendment Act 1945 , part 3 ; an offence to which section 182A applies. s 184 amd 2013 No. 35 s 42B ; 2014 No. 42 s 10 ; 2016 No. 62 s 23 (sec.184-ssec.1) This section applies to a prisoner who— has been sentenced for an offence— before the commencement—to a period of imprisonment of more than 2 years or, if the offence was committed before 1 July 2001, to a period of imprisonment of any length; or after the commencement—to a period of imprisonment of more than 3 years (excluding the mandatory component of any sentence of imprisonment imposed on the prisoner under the Penalties and Sentences Act 1992 , section 161R (2) ); or is serving a period of imprisonment of not more than 3 years for an offence (excluding the mandatory component of any sentence of imprisonment imposed on the prisoner under the Penalties and Sentences Act 1992 , section 161R (2) ), if the period includes a term of imprisonment for a sexual offence; or is serving a period of imprisonment ordered to be served under the Penalties and Sentences Act 1992 , section 147 (1) (b) or (c) ; or was the subject of a court ordered parole order that has been cancelled under this Act. (sec.184-ssec.2) The prisoner’s parole eligibility date is the day after the day on which the prisoner has served half the period of imprisonment to which the prisoner has been sentenced, despite any grant of remission. (sec.184-ssec.3) However— if an earlier or later parole eligibility date is fixed for the prisoner under the Penalties and Sentences Act 1992 , part 9 , division 3 , the prisoner’s parole eligibility date is the date fixed under that division; or if paragraph (a) does not apply and the prisoner is a prisoner mentioned in subsection (1) (d) , the prisoner’s parole eligibility date is the date that was fixed for the prisoner’s release under that parole order. (sec.184-ssec.3A) Despite subsections (2) and (3) (a) , if the prisoner has been sentenced for the offence under the Penalties and Sentences Act 1992 , section 161R (2) , the prisoner’s parole eligibility date is the day that is worked out by adding the relevant further period to the notional parole eligibility date fixed for the prisoner under subsection (3B) . (sec.184-ssec.3B) The notional parole eligibility date is the day that would apply under subsection (2) or (3) (a) if the term of imprisonment imposed on the prisoner under the Penalties and Sentences Act 1992 , section 161R (2) consisted only of the base component of the sentence imposed under that section. (sec.184-ssec.4) This section is subject to section 185 . (sec.184-ssec.5) In this section— commencement means the commencement of this section. offence , in relation to a prisoner, does not include the following offences— an offence for which the prisoner has been sentenced to life imprisonment; a serious violent offence; an offence for which the prisoner is being detained in an institution for a period fixed by a judge under the Criminal Law Amendment Act 1945 , part 3 ; an offence to which section 182A applies. - (a) has been sentenced for an offence— (i) before the commencement—to a period of imprisonment of more than 2 years or, if the offence was committed before 1 July 2001, to a period of imprisonment of any length; or (ii) after the commencement—to a period of imprisonment of more than 3 years (excluding the mandatory component of any sentence of imprisonment imposed on the prisoner under the Penalties and Sentences Act 1992 , section 161R (2) ); or - (i) before the commencement—to a period of imprisonment of more than 2 years or, if the offence was committed before 1 July 2001, to a period of imprisonment of any length; or - (ii) after the commencement—to a period of imprisonment of more than 3 years (excluding the mandatory component of any sentence of imprisonment imposed on the prisoner under the Penalties and Sentences Act 1992 , section 161R (2) ); or - (b) is serving a period of imprisonment of not more than 3 years for an offence (excluding the mandatory component of any sentence of imprisonment imposed on the prisoner under the Penalties and Sentences Act 1992 , section 161R (2) ), if the period includes a term of imprisonment for a sexual offence; or - (c) is serving a period of imprisonment ordered to be served under the Penalties and Sentences Act 1992 , section 147 (1) (b) or (c) ; or - (d) was the subject of a court ordered parole order that has been cancelled under this Act. - (i) before the commencement—to a period of imprisonment of more than 2 years or, if the offence was committed before 1 July 2001, to a period of imprisonment of any length; or - (ii) after the commencement—to a period of imprisonment of more than 3 years (excluding the mandatory component of any sentence of imprisonment imposed on the prisoner under the Penalties and Sentences Act 1992 , section 161R (2) ); or - (a) if an earlier or later parole eligibility date is fixed for the prisoner under the Penalties and Sentences Act 1992 , part 9 , division 3 , the prisoner’s parole eligibility date is the date fixed under that division; or - (b) if paragraph (a) does not apply and the prisoner is a prisoner mentioned in subsection (1) (d) , the prisoner’s parole eligibility date is the date that was fixed for the prisoner’s release under that parole order. - (a) an offence for which the prisoner has been sentenced to life imprisonment; - (b) a serious violent offence; - (c) an offence for which the prisoner is being detained in an institution for a period fixed by a judge under the Criminal Law Amendment Act 1945 , part 3 ; - (d) an offence to which section 182A applies.