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Crimes (Sentence Administration) Act 2005
122Board may reject parole application without inquiry
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122 Board may reject parole application without inquiry
(1) The board must, without holding an inquiry, reject a special parole
application that does not include the written submission mentioned in
section 121 (4).
(2) The board may, without holding an inquiry, reject an application for
parole by an offender if—
(a) satisfied the application is frivolous, vexatious or misconceived;
or
(b) the board refused to make a parole order for the offender within
the 12-month period before the application was made.
Example of when board might be satisfied application is frivolous, vexatious
or misconceived
The board previously rejected an application because the offender’s proposed
accommodation after release was unsuitable. The offender’s later application
proposes the same unsuitable accommodation without including new information
or new reasons.
Examples of when board might not reject application within 12-month period
1 an exceptional circumstances application was refused less than 12 months
before the offender’s parole eligibility date
2 the offender’s later application includes new information or new reasons for
the application
(3) The board must give written notice of the rejection of an application
under this section to—
(b) the director-general.
(4) The notice must include a statement of the board’s reasons for the
rejection.
(5) To remove any doubt, section 120 (Criteria for making parole orders)
and section 123 do not apply to the rejection of an application for
parole under this section.