sec.185Parole eligibility date for prisoner serving terms of imprisonment in particular circumstances

### sec.185 Parole eligibility date for prisoner serving terms of imprisonment in particular circumstances This section applies if, apart from this section, more than 1 of sections 182 , 182A , 183 and 184 would apply to a prisoner. If the imprisonment mentioned in the sections is to be served concurrently, the prisoner’s parole eligibility date for the prisoner’s period of imprisonment is the day after the day on which the prisoner has served the longer of the periods calculated under the sections. A prisoner is serving a term of 8 years imprisonment for a serious violent offence concurrently with a term of 5 years imprisonment for an offence that is not a serious violent offence. The prisoner’s parole eligibility date is the day after the day on which the prisoner has served the period of 6.4 years (being the period that is 80% of 8 years, and being longer than the period that is one-half of 5 years). If any of the imprisonment mentioned in the sections is to be served cumulatively with imprisonment mentioned in another of the sections, the prisoner’s parole eligibility date for the prisoner’s period of imprisonment is the date mentioned in subsection (4) calculated after applying the following rules— Rule 1 — Consider first each term of imprisonment ( concurrent term ) that is not cumulative on another term of imprisonment and calculate the period the prisoner must serve for the concurrent term by applying whichever of sections 182 , 182A , 183 or 184 apply. For these rules, the prisoner’s notional parole date is the day the period, or the longest of the periods, so calculated ends. Rule 2 — Next, consider each term of imprisonment ( cumulative term ) that is cumulative on another term of imprisonment and calculate the period the prisoner must serve for each cumulative term by applying whichever of sections 182 , 182A , 183 or 184 apply. Rule 3 — Next, add the period the prisoner must serve for a cumulative term to the period the prisoner must serve for the term of imprisonment the cumulative term is cumulative on (the additional eligibility period ). The prisoner’s parole eligibility date for the prisoner’s period of imprisonment is the day after the later of the following dates— the notional parole date the latest date the additional eligibility periods end. A prisoner is serving a period of 13 years imprisonment, comprising a term of 8 years imprisonment for a serious violent offence and a term of 5 years imprisonment for an offence that is not a serious violent offence which was ordered to be served cumulatively with the term of imprisonment for the serious violent offence. Applying rule 1 , the prisoner’s notional parole date is the day after the period of 6.4 years the prisoner must serve before reaching the prisoner’s parole eligibility date for the serious violent offence under section 182 . Rule 2 is then applied. The period the prisoner must serve before reaching the prisoner’s parole eligibility date for the second offence is 2.5 years under section 184 . Rule 3 requires the periods of 6.4 years and 2.5 years to be added together. In this example, the prisoner’s parole eligibility date is the day after the day on which the prisoner has served the period of 8.9 years. In this section— period of imprisonment , a prisoner must serve, means a period of imprisonment the prisoner must serve before reaching the prisoner’s parole eligibility date for the prisoner’s period of imprisonment. s 185 amd 2013 No. 31 s 8 (sec.185-ssec.1) This section applies if, apart from this section, more than 1 of sections 182 , 182A , 183 and 184 would apply to a prisoner. (sec.185-ssec.2) If the imprisonment mentioned in the sections is to be served concurrently, the prisoner’s parole eligibility date for the prisoner’s period of imprisonment is the day after the day on which the prisoner has served the longer of the periods calculated under the sections. A prisoner is serving a term of 8 years imprisonment for a serious violent offence concurrently with a term of 5 years imprisonment for an offence that is not a serious violent offence. The prisoner’s parole eligibility date is the day after the day on which the prisoner has served the period of 6.4 years (being the period that is 80% of 8 years, and being longer than the period that is one-half of 5 years). (sec.185-ssec.3) If any of the imprisonment mentioned in the sections is to be served cumulatively with imprisonment mentioned in another of the sections, the prisoner’s parole eligibility date for the prisoner’s period of imprisonment is the date mentioned in subsection (4) calculated after applying the following rules— Rule 1 — Consider first each term of imprisonment ( concurrent term ) that is not cumulative on another term of imprisonment and calculate the period the prisoner must serve for the concurrent term by applying whichever of sections 182 , 182A , 183 or 184 apply. For these rules, the prisoner’s notional parole date is the day the period, or the longest of the periods, so calculated ends. Rule 2 — Next, consider each term of imprisonment ( cumulative term ) that is cumulative on another term of imprisonment and calculate the period the prisoner must serve for each cumulative term by applying whichever of sections 182 , 182A , 183 or 184 apply. Rule 3 — Next, add the period the prisoner must serve for a cumulative term to the period the prisoner must serve for the term of imprisonment the cumulative term is cumulative on (the additional eligibility period ). (sec.185-ssec.4) The prisoner’s parole eligibility date for the prisoner’s period of imprisonment is the day after the later of the following dates— the notional parole date the latest date the additional eligibility periods end. A prisoner is serving a period of 13 years imprisonment, comprising a term of 8 years imprisonment for a serious violent offence and a term of 5 years imprisonment for an offence that is not a serious violent offence which was ordered to be served cumulatively with the term of imprisonment for the serious violent offence. Applying rule 1 , the prisoner’s notional parole date is the day after the period of 6.4 years the prisoner must serve before reaching the prisoner’s parole eligibility date for the serious violent offence under section 182 . Rule 2 is then applied. The period the prisoner must serve before reaching the prisoner’s parole eligibility date for the second offence is 2.5 years under section 184 . Rule 3 requires the periods of 6.4 years and 2.5 years to be added together. In this example, the prisoner’s parole eligibility date is the day after the day on which the prisoner has served the period of 8.9 years. (sec.185-ssec.5) In this section— period of imprisonment , a prisoner must serve, means a period of imprisonment the prisoner must serve before reaching the prisoner’s parole eligibility date for the prisoner’s period of imprisonment. - • the notional parole date - • the latest date the additional eligibility periods end.