8Release from custody

8 Release from custody

8 Release from custody

(1) Unless sooner released under a re-integration home detention order or on parole, an inmate who is serving a sentence by way of full-time detention (the current sentence) is to be released from custody on the day the sentence expires, as determined in accordance with Division 1 of Part 4 of the Crimes (Sentencing Procedure) Act 1999 but subject to any variation of the term of that sentence under this or any other Act.

(2) An inmate may be released from custody—

(a) at any time on the day the current sentence expires, or

(b) if the current sentence expires on a day that is not a working day and the inmate requests it—at any time during the next working day.

(2A), (2B) (Repealed)

(3) This section does not apply to an inmate who, on the day the current sentence expires, is subject to another sentence that is being served by way of full-time detention—

(a) where the other sentence commenced before, but will not end until after, the expiry of the current sentence, or

(b) where the other sentence commences immediately after the expiry of the current sentence.

(4) In this section—

working day means a day that is not—

(a) a Saturday or Sunday, or

(b) a public holiday or a bank holiday.

s 8: Am 2000 No 53, Sch 3.4; 2017 No 57, Sch 1 [2]; 2018 No 87, Sch 1.9 [2]; 2024 No 3, Sch 2[2]–[6].