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](/view/html/inforce/current/act-1999-092), 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\[3\].