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.