138Release of offender on parole

#### 138 Release of offender on parole 138 Release of offender on parole > > (1) As soon as practicable after deciding to release an offender on parole, the Parole Authority must make an order directing that the offender be released on parole on a day occurring during a period specified in accordance with subsection (1AA). > > > (1AA) The period to be specified in a parole order under this section is to be— > > > > > (a) if the order is made earlier than the offender’s parole eligibility date (other than an order made following consideration of the offender’s case under section 137B), a period beginning no earlier than the offender’s parole eligibility date and ending no later than 35 days after that date, and > > > > > (a1) if the order is made following an application by the offender referred to in section 137A, and is made before the offender’s annual review date (within the meaning of that section), a period beginning no earlier than the offender’s annual review date and ending no later than 35 days after that date, and > > > > > (b) in any other case, a period beginning no earlier than the date on which the order is made and ending no later than 35 days after that date. > > > (1A) In determining a day on which to release a violent offender under subsection (1), the Parole Authority must take into account the potential trauma to a victim and the victim’s family if the offender is released on the anniversary of the commission of the offence against the victim. > > > (1B) For the purposes of this section, a violent offender means an offender who is serving a sentence for an offence involving violence against a person, including any type of sexual assault referred to in the definition of sexual assault and domestic violence in section 19 of the [Victims Rights and Support Act 2013](/view/html/inforce/current/act-2013-037). > > > (2) Nothing in subsection (1) affects the power of the Parole Authority to amend or repeal an order as referred to in section 43 (2) of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015). > > **s 138:** Am 2000 No 110, Sch 1 \[34\]; 2001 No 117, Sch 4 \[1\] \[2\]; 2004 No 94, Sch 1 \[20\] \[21\]; 2006 No 81, Sch 1 \[20\]; 2008 No 108, Sch 1 \[18\]; 2013 No 37, Sch 3.4 \[1\]; 2014 No 6, Sch 1 \[10\].