154ASerious offenders the subject of non-release recommendations

154A Serious offenders the subject of non-release recommendations

154A Serious offenders the subject of non-release recommendations

(1) Section 143 does not require the Parole Authority to give preliminary consideration as to whether or not a serious offender the subject of a non-release recommendation should be released on parole unless an application for that purpose is made to the Parole Authority by or on behalf of the offender.

(2) An application under this section must be lodged with the Secretary of the Parole Authority.

(3) After considering the application, the Parole Authority may make an order directing the release of the offender on parole if, and only if, the Parole Authority—

(a) is satisfied (on the basis of a report prepared by the Chief Executive, Justice Health) that the offender—

(i) is in imminent danger of dying, or is incapacitated to the extent that he or she no longer has the physical ability to do harm to any person, and

(ii) has demonstrated that he or she does not pose a risk to the community, and

(b) is further satisfied that, because of those circumstances, the making of such an order is justified.

(4) In this section serious offender the subject of a non-release recommendation means a serious offender—

(a) who is serving a sentence for which a determination has been made under clause 4 of Schedule 1 to the Crimes (Sentencing Procedure) Act 1999, and

(b) who is the subject of a non-release recommendation within the meaning of that Schedule, as in force from time to time.

s 154A: Ins 2001 No 29, Sch 2 [2]. Am 2004 No 94, Sch 1 [38]; 2005 No 13, Sch 2 [1]; 2022 No 1, Sch 1[3].