139Notice to offender of decision to refuse parole

#### 139 Notice to offender of decision to refuse parole 139 Notice to offender of decision to refuse parole > > (1) As soon as practicable after deciding not to make a parole order for an offender, the Parole Authority— > > > > > (a) must give notice of its decision to the offender, and > > > > > (b) must determine whether, in relation to any reconsideration of the matter— > > > > > > > (i) there will be a hearing, whether or not the offender requests a hearing, or > > > > > > > (ii) there will be a hearing only if the offender requests a hearing and the Parole Authority is satisfied that a hearing is warranted. > > > (2) The notice must inform the offender of the following matters— > > > > > (a) that the Parole Authority’s decision is not to make a parole order in relation to the offender, > > > > > (b) that the offender may apply to the Parole Authority for the matter to be reconsidered, > > > > > (c) that, if the offender makes such an application— > > > > > > > (i) there will be a hearing, whether or not the offender requests a hearing, or > > > > > > > (ii) there will be a hearing only if the offender requests a hearing and the Parole Authority is satisfied that a hearing is warranted, > > > > > (d) that the Parole Authority will take into account any submissions by the offender when making its final decision on the matter. > > > (3) The notice— > > > > > (a) must indicate the address to which such an application should be sent, and the date by which such an application must be made, and > > > > > (b) subject to section 194, must be accompanied by copies of the reports and other documents intended to be used by the Parole Authority in making its final decision. > > > (4) An application by an offender under this section— > > > > > (a) may be accompanied by written submissions in support of the application, and > > > > > (b) if the notice to the offender states that there will be a hearing only if the application requests a hearing, may request a hearing. > > > (5) If there is to be a hearing, the Parole Authority— > > > > > (a) must set a date (occurring as soon as practicable) on which the hearing will be conducted, and > > > > > (b) must give notice to the offender of the date, time and place for the hearing. > > **s 139:** Subst 2004 No 94, Sch 1 \[22\]. Am 2006 No 81, Sch 1 \[21\]–\[23\].