Repeal of s 50 Crimes (Sentencing Procedure) Act 1999 and associated provisions

The Parole Legislation Amendment Act 2017 commenced on 26 February 2018 and made some important amendments to the Crimes (Sentencing Procedure) Act 1999.

Court-ordered parole replaced with statutory parole for sentences of 3 years or less

As a result of the repeal of ss 50–51B of the Crimes (Sentencing Procedure) Act a sentencing court no longer has the power to:

  • make an order directing the offender’s release on parole after serving a non-parole period ordered in respect of a sentence or 3 years or less (previously contained in s 50);
  • impose conditions it considers appropriate on any parole order made by it (previously contained in s 51); or
  • impose conditions prohibiting or restricting the offender from associating with specified people or from going to specified places or districts (previously in s 51A).

Now under s 158 of the Crimes (Administration of Sentences) Act 1999, such offenders are taken to be subject to a parole order at the end of the non-parole period.  This is called a “statutory parole order”.

The relevant sections of the Sentencing Bench Book, including [7-550], [7-570], and [7-580], are in the process of being updated to reflect these changes.