Corrections Amendment (Breach of Parole) Act 2013

Authorised by the Chief Parliamentary Counsel Authorised Version i Corrections Amendment (Breach of Parole) Act 2013 No. 46 of 2013 TABLE OF PROVISIONS Section Page 1 Purposes 1 2 Commencement 2 3 New sections 78A to 78E of the Corrections Act 1986 inserted 2 78A Offence to breach a term or condition of parole 2 78B Arrest and detention for breach of parole order 3 78C Consideration by Board of breach of terms and conditions of parole 4 78D Certain provisions of the Crimes Act 1958 and the Bail Act 1977 not to apply 4 78E Time in detention is time served 5 4 Transitional provisions—Corrections Act 1986 5 123 Transitional provisions—Corrections Amendment (Breach of Parole) Act 2013 5 5 Sentences—whether concurrent or cumulative—Sentencing Act 1991 6 6 Repeal of amending Act 6 ═══════════════ ENDNOTES 7 -- 1 of 8 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Corrections Amendment (Breach of Parole) Act 2013 † No. 46 of 2013 [Assented to 10 September 2013] The Parliament of Victoria enacts: 1 Purposes The main purposes of this Act are— (a) to amend the Corrections Act 1986— (i) to provide that it is an offence for a prisoner to breach a prescribed term or condition of his or her parole order without reasonable excuse; and Victoria -- 2 of 8 -- Corrections Amendment (Breach of Parole) Act 2013 No. 46 of 2013 2 Authorised by the Chief Parliamentary Counsel (ii) to enable a member of the police force to arrest and detain a prisoner released on parole if that prisoner has breached a prescribed term or condition of the parole order; (b) to amend the Sentencing Act 1991 to provide that a prison sentence imposed for the offence of breaching a prescribed term or condition of a parole order is served cumulatively on other prison sentences. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 July 2014, it comes into operation on that day. 3 New sections 78A to 78E of the Corrections Act 1986 inserted After section 78 of the Corrections Act 1986 insert— "78A Offence to breach a term or condition of parole A prisoner while released under a parole order must not, without reasonable excuse, breach a prescribed term or condition of that parole order. Penalty: 3 months imprisonment, 30 penalty units or both. Note See sections 16 and 33 of the Sentencing Act 1991. s. 2 See: Act No. 117/1986. Reprint No. 9 as at 18 March 2012 and amending Act Nos 82/2012, 10/2013, 15/2013 and 26/2013. LawToday: www. legislation. vic.gov.au -- 3 of 8 -- Corrections Amendment (Breach of Parole) Act 2013 No. 46 of 2013 3 Authorised by the Chief Parliamentary Counsel 78B Arrest and detention for breach of parole order (1) A member of the police force may, without warrant, arrest a prisoner released under a parole order if he or she suspects on reasonable grounds that the prisoner has committed an offence against section 78A. (2) A prisoner who is arrested under subsection (1) may be detained in custody if the member of the police force who arrested the prisoner is satisfied that— (a) the breach of a term or condition of the parole order that constitutes the offence is not trivial or minor; and (b) the detention is necessary to prevent the prisoner continuing the breach or committing a further breach of a term or condition of the parole order. (3) A prisoner who is arrested under subsection (1) must be detained in custody if the alleged breach of a term or condition of the parole order is— (a) the commission of an offence punishable by imprisonment, other than an offence against section 78A; or (b) a breach of a term or condition of the parole order that is prescribed for the purposes of this section. (4) If a prisoner is detained under subsection (2) or (3), the member of the police force who arrested the prisoner must cause the Board to be notified of the detention not more than 12 hours after the arrest of the prisoner. s. 3 -- 4 of 8 -- Corrections Amendment (Breach of Parole) Act 2013 No. 46 of 2013 4 Authorised by the Chief Parliamentary Counsel 78C Consideration by Board of breach of terms and conditions of parole (1) As soon as reasonably practicable after being notified under section 78B(4) of the detention of a prisoner, the Board must by instrument order that— (a) the prisoner be detained in a prison or a police gaol pending consideration by the Board of the breach of the term or condition of the prisoner's parole order; or (b) the prisoner cease to be detained under section 78B(2) or (3). (2) The function of the Board referred to in subsection (1) may be exercised on behalf of the Board by a member of the Board appointed under section 61(2)(a), (ab), (b), (c), (d) or (da). (3) If an order has been made under subsection (1)(a), the Board must consider the breach of the term or condition of the prisoner's parole order under this Division as soon as practicable after it is notified of the detention of the prisoner. 78D Certain provisions of the Crimes Act 1958 and the Bail Act 1977 not to apply (1) Section 464A of the Crimes Act 1958 and section 4 of the Bail Act 1977 do not apply in relation to a prisoner detained under— (a) section 78B(2) or (3); or (b) an order made under section 78C(1)(a). (2) Subsection (1) ceases to apply in relation to a prisoner if the Board, after considering the alleged breach of the term or condition of the s. 3 -- 5 of 8 -- Corrections Amendment (Breach of Parole) Act 2013 No. 46 of 2013 5 Authorised by the Chief Parliamentary Counsel prisoner's parole order under this Division, does not cancel the prisoner's parole order. 78E Time in detention is time served (1) If a prisoner is detained under section 78B(2) or (3), the period during which the prisoner is so detained is to be regarded as time served in respect of the prison sentence for which the prisoner was released on parole. (2) If the Board makes an order under section 78C(1)(a), the period during which a prisoner is detained under that order is to be regarded as time served in respect of the prison sentence for which the prisoner was released on parole.". 4 Transitional provisions—Corrections Act 1986 After section 122 of the Corrections Act 1986 insert— "123 Transitional provisions—Corrections Amendment (Breach of Parole) Act 2013 (1) Section 78A applies in respect of an offence alleged to have been committed on or after the commencement of section 3 of the Corrections Amendment (Breach of Parole) Act 2013. (2) For the purposes of subsection (1), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of section 3 of the Corrections Amendment (Breach of Parole) Act 2013, the offence is alleged to have been committed before that commencement.". s. 4 -- 6 of 8 -- Corrections Amendment (Breach of Parole) Act 2013 No. 46 of 2013 6 Authorised by the Chief Parliamentary Counsel 5 Sentences—whether concurrent or cumulative— Sentencing Act 1991 (1) In section 16(3B) of the Sentencing Act 1991 for "Every" substitute "Subject to subsection (3BA), every". (2) After section 16(3B) of the Sentencing Act 1991 insert— "(3BA) Every term of imprisonment imposed on a prisoner for an offence against section 78A of the Corrections Act 1986 must, unless otherwise directed by the court because of the existence of exceptional circumstances, be served cumulatively on— (a) any period of imprisonment the prisoner may be required to serve in custody in a prison on cancellation of the parole order under which that prisoner was released when he or she committed the offence against section 78A; and (b) any period of imprisonment imposed on the prisoner for an offence committed while released under the parole order referred to in paragraph (a), whether before or at the same time as that term.". 6 Repeal of amending Act This Act is repealed on 1 July 2015. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ See: Act No. 49/1991. Reprint No. 14 as at 14 November 2012 and amending Act Nos 65/2011, 49/2012, 83/2012, 6/2013, 31/2013 and 32/2013. LawToday: www. legislation. vic.gov.au s. 5 -- 7 of 8 -- Corrections Amendment (Breach of Parole) Act 2013 No. 46 of 2013 7 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 27 June 2013 Legislative Council: 22 August 2013 The long title for the Bill for this Act was "A Bill for an Act to amend the Corrections Act 1986 and the Sentencing Act 1991 in relation to the commission of offences by prisoners released on parole and the breach of terms and conditions of parole orders." Endnotes -- 8 of 8 --