115Release by Administrator in exercise of prerogative of mercy

115 Release by Administrator in exercise of prerogative of mercy (1) The Administrator may, in any case in which he or she is authorised on behalf of the Sovereign to extend mercy to any person under sentence of imprisonment, do so by directing that the person be released, even before the end of a non-parole period: (a) on giving an undertaking; or (b) on parole under and subject to the Parole Act 1971. (2) An undertaking under subsection (1)(a): (a) must have as a condition that the person be of good behaviour; and (b) may have as a condition that the person be under the supervision of an employee employed in the Agency responsible under the Minister for the administration of the Correctional Services Act 2014; and (c) may have any other condition that the Administrator considers to be in the interests of the person or the community. (3) The period of an undertaking under subsection (1)(a) is the period fixed by the Administrator, which must be not less than the unexpired term of the original sentence. (4) A person who gives an undertaking under subsection (1)(a) must be released from custody. Sentencing Act 1995 94 (4A) A police officer who suspects, on reasonable grounds, that a person who gave an undertaking under subsection (1)(a) has breached a condition of the undertaking may, without warrant, arrest the person. (4B) For the application of sections 137 and 138 of the Police Administration Act 1978, a breach of a condition of an undertaking given under subsection (1)(a) is to be taken to be an offence. (5) Where, at any time during the period of an undertaking under subsection (1)(a), the Local Court is satisfied by evidence on oath or by affidavit or by the admission of the person who gave the undertaking that that person has failed without reasonable excuse to comply with any condition of the undertaking it may impose a fine not exceeding $1,000 and direct that the person be committed into the custody of the Commissioner for the unexpired term of the original sentence. (6) Except with the consent of the person who gave the undertaking, the Local Court must not deal with the person under subsection (5) unless the person has been served with a notice to attend on the hearing of the proceeding. (7) The Local Court may order that a warrant to arrest be issued against a person who gave an undertaking if he or she does not attend before the Court on the hearing of the proceeding under subsection (5). (8) A registrar of the Local Court may sign any warrant that may be necessary for subsection (5) and the period of imprisonment after committal begins on the day of the committal, if the person is then before the Court, and if not, on the day of his or her subsequent arrest. (9) A person who gives an undertaking under subsection (1)(a) is discharged from the original sentence at the end of the period of the undertaking if an order has not been made under subsection (5). (10) If the Local Court recommits a person into the custody of the Commissioner under this section, the Correctional Services Act 2014 applies as if the person had just been convicted by the Court and sentenced to be imprisoned for a term equal to the unexpired term of the original sentence. (11) A fine imposed under this section is taken for all purposes to be a fine payable on a conviction of an offence. Sentencing Act 1995 95