QLDIn ForceAct
Dangerous Prisoners (Sexual Offenders) Act 2003
sec.51Parole
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### sec.51 Parole
This section applies if—
under section 8 (1) , the court has set a date for the hearing of an application for a division 3 order in relation to a prisoner and the application has not been discontinued or finally decided; or
a prisoner is subject to a continuing detention order or interim detention order, whether or not the order has taken effect.
The prisoner is not eligible for parole under the Corrective Services Act 2006 or the Penalties and Sentences Act 1992 and can not be issued a parole order under those Acts.
Subsections (4) and (5) apply if the prisoner is the subject of a parole order under the Corrective Services Act 2006 that—
has been suspended under that Act; and
has neither been cancelled under that Act nor has expired.
For subsection (1) (a) , if the suspension period for the parole order would, other than for this section, end before the application for the division 3 order is discontinued or finally decided, the suspension period is taken not to end before the application is discontinued or finally decided.
For subsection (1) (b) , if the suspension period for the parole order would, other than for this section, end while the prisoner is subject to the continuing detention order or interim detention order, the suspension period is taken not to end while the prisoner is subject to the order.
s 51 amd 2005 No. 70 s 89
sub 2006 No. 29 s 518 sch 3 ; 2010 No. 34 s 30 ; 2020 No. 15 s 64
(sec.51-ssec.1) This section applies if— under section 8 (1) , the court has set a date for the hearing of an application for a division 3 order in relation to a prisoner and the application has not been discontinued or finally decided; or a prisoner is subject to a continuing detention order or interim detention order, whether or not the order has taken effect.
(sec.51-ssec.2) The prisoner is not eligible for parole under the Corrective Services Act 2006 or the Penalties and Sentences Act 1992 and can not be issued a parole order under those Acts.
(sec.51-ssec.3) Subsections (4) and (5) apply if the prisoner is the subject of a parole order under the Corrective Services Act 2006 that— has been suspended under that Act; and has neither been cancelled under that Act nor has expired.
(sec.51-ssec.4) For subsection (1) (a) , if the suspension period for the parole order would, other than for this section, end before the application for the division 3 order is discontinued or finally decided, the suspension period is taken not to end before the application is discontinued or finally decided.
(sec.51-ssec.5) For subsection (1) (b) , if the suspension period for the parole order would, other than for this section, end while the prisoner is subject to the continuing detention order or interim detention order, the suspension period is taken not to end while the prisoner is subject to the order.
- (a) under section 8 (1) , the court has set a date for the hearing of an application for a division 3 order in relation to a prisoner and the application has not been discontinued or finally decided; or
- (b) a prisoner is subject to a continuing detention order or interim detention order, whether or not the order has taken effect.
- (a) has been suspended under that Act; and
- (b) has neither been cancelled under that Act nor has expired.