sec.160EAutomatic cancellation of parole release or eligibility dates

### sec.160E Automatic cancellation of parole release or eligibility dates An offender’s parole release date is automatically cancelled when— a court fixes another parole release date or parole eligibility date for the offender under this division; or a court imposes a term of imprisonment on the offender— for a serious violent offence or a sexual offence; or that results in the offender’s period of imprisonment being more than 3 years. An offender’s parole eligibility date is automatically cancelled when— a court fixes another parole eligibility date for the offender under this division; or a court imposes a term of imprisonment on the offender— for a serious violent offence or a sexual offence; or that results in the offender’s period of imprisonment being more than 3 years. O is sentenced to a 5-year term of imprisonment on 1 March 2007. The sentencing court fixes O’s parole eligibility date at 1 October 2009. On 1 April 2010, O, whose application for parole in relation to the first term of imprisonment was unsuccessful, is sentenced to a further term of 2 years imprisonment to be served cumulatively with the first term. O’s parole eligibility date of 1 October 2009 is cancelled under subparagraph (ii) and, under section 160C (2) , the court must again fix a date that O is eligible for parole. Subsections (1) and (2) have effect even though the court fixing the relevant date or imposing the further term of imprisonment is a court of lesser jurisdiction than the court that fixed the current parole release date or current parole eligibility date being cancelled under the subsection. s 160E ins 2006 No. 29 s 497 amd 2013 No. 31 s 60 ; 2013 No. 35 s 142F (sec.160E-ssec.1) An offender’s parole release date is automatically cancelled when— a court fixes another parole release date or parole eligibility date for the offender under this division; or a court imposes a term of imprisonment on the offender— for a serious violent offence or a sexual offence; or that results in the offender’s period of imprisonment being more than 3 years. (sec.160E-ssec.2) An offender’s parole eligibility date is automatically cancelled when— a court fixes another parole eligibility date for the offender under this division; or a court imposes a term of imprisonment on the offender— for a serious violent offence or a sexual offence; or that results in the offender’s period of imprisonment being more than 3 years. O is sentenced to a 5-year term of imprisonment on 1 March 2007. The sentencing court fixes O’s parole eligibility date at 1 October 2009. On 1 April 2010, O, whose application for parole in relation to the first term of imprisonment was unsuccessful, is sentenced to a further term of 2 years imprisonment to be served cumulatively with the first term. O’s parole eligibility date of 1 October 2009 is cancelled under subparagraph (ii) and, under section 160C (2) , the court must again fix a date that O is eligible for parole. (sec.160E-ssec.3) Subsections (1) and (2) have effect even though the court fixing the relevant date or imposing the further term of imprisonment is a court of lesser jurisdiction than the court that fixed the current parole release date or current parole eligibility date being cancelled under the subsection. - (a) a court fixes another parole release date or parole eligibility date for the offender under this division; or - (b) a court imposes a term of imprisonment on the offender— (i) for a serious violent offence or a sexual offence; or (ii) that results in the offender’s period of imprisonment being more than 3 years. - (i) for a serious violent offence or a sexual offence; or - (ii) that results in the offender’s period of imprisonment being more than 3 years. - (i) for a serious violent offence or a sexual offence; or - (ii) that results in the offender’s period of imprisonment being more than 3 years. - (a) a court fixes another parole eligibility date for the offender under this division; or - (b) a court imposes a term of imprisonment on the offender— (i) for a serious violent offence or a sexual offence; or (ii) that results in the offender’s period of imprisonment being more than 3 years. Example— O is sentenced to a 5-year term of imprisonment on 1 March 2007. The sentencing court fixes O’s parole eligibility date at 1 October 2009. On 1 April 2010, O, whose application for parole in relation to the first term of imprisonment was unsuccessful, is sentenced to a further term of 2 years imprisonment to be served cumulatively with the first term. O’s parole eligibility date of 1 October 2009 is cancelled under subparagraph (ii) and, under section 160C (2) , the court must again fix a date that O is eligible for parole. - (i) for a serious violent offence or a sexual offence; or - (ii) that results in the offender’s period of imprisonment being more than 3 years. - (i) for a serious violent offence or a sexual offence; or - (ii) that results in the offender’s period of imprisonment being more than 3 years.