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House of Assembly - Fifty-Second Parliament, Second Session (52-2)
2012-05-31 Daily Xml
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CORRECTIONAL SERVICES (MISCELLANEOUS) AMENDMENT BILL

Conference

The Hon. J.M. RANKINE (Wright—Minister for Police, Minister for Correctional Services, Minister for Emergency Services, Minister for Road Safety, Minister for Multicultural Affairs) (10:31): I have to report that the managers for the two houses conferred together and it was agreed that we should recommend to our respective houses:

As to Amendment No 1—That the House of Assembly no longer insist on its disagreement to the amendment

As to Amendment No 2—That the Legislative Council no longer insist on its amendment but makes the following amendment in lieu thereof:

Clause 22, page 10, line 32 [clause 22, inserted section 35A(3)(a)]—After 'represents the prisoner' insert:

, or who is communicating with the prisoner for the purpose of determining whether or not to represent the prisoner

As to Amendment No 5—That the Legislative Council no longer insist on its amendment but makes the following amendment in lieu thereof:

Clause 41, page 15, after line 13—After subclause (2) insert:

(3) Section 67—after subsection (7) insert:

(7a) If the Governor does not approve the recommendation of the Board that a prisoner be released on parole, the Minister must, within 30 days after being requested to do so by the Board, advise the Board of matters (if any) that the Minister believes might assist the prisoner in making any further application for parole.

(7b) The Board must not disclose advice given by the Minister under subsection (7a).

(7c) The Minister and the Board cannot be required to disclose advice given by the Minister under subsection (7a) by any law of the State or for the purposes of any proceedings before a court, tribunal or any other body.

As to Amendment No 6—That the Legislative Council no longer insist on its amendment but makes the following amendments in lieu thereof:

Clause 49, page 19, lines 1 to 23 [clause 49, inserted section 76A]—Delete section 76A and substitute:

76A—Apprehension etc of parolees on application of CE

(1) If the CE or a police officer suspects on reasonable grounds that a person who has been released on parole may have breached a condition of parole, the CE or police officer may apply to—

(a) the presiding member or deputy presiding member of the Board; or

(b) if, after making reasonable efforts to contact the presiding member and deputy presiding member, neither is available—a magistrate,

for the issue of a warrant for the arrest of the person.

(2) A warrant issued under this section authorises the detention of the person in custody pending appearance before the Board.

(3) A magistrate must, on application under this section, issue a warrant for the arrest of a person or for the arrest and return to prison of a person (as the case may require) unless it is apparent, on the face of the application, that no reasonable grounds exist for the issue of the warrant.

(4) If a warrant is issued by a magistrate under this section—

(a) the CE or police officer (as the case requires) must, within 2 working days of the warrant being issued, provide the Board with a written report on the matter; and

(b) the warrant will expire at the end of period of 2 working days after the day on which the report is provided to the Board; and

(c) the presiding member or deputy presiding member of the Board must consider the report within 2 working days after receipt and—

(i) issue a fresh warrant for the continued detention of the person pending appearance before the Board; or

(ii) cancel the warrant, order that the person be released from custody and, if appearance before the Board is required, issue a summons for the person to appear before the Board.

(5) If a warrant expires under subsection (4)(b) or a fresh warrant is not issued under subsection (4)(c)(i), the person must be released from detention.

(6) The Board may, if it thinks there is good reason to do so, by order, cancel a warrant issued under this section that has not been executed.

Clause 49, page 19, lines 25 to 31 [clause 49, inserted section 76B(1)]—Delete subsection (1) and substitute:

(1) A police officer may, on the authorisation of a senior police officer, without warrant, arrest a person who has been released on parole if the police officer suspects on reasonable grounds that the person has, while on parole, breached a condition of parole and the police officer is satisfied that—

(a) the breach is not trivial; and

(b) unless the person is immediately arrested, the person is likely to continue to breach conditions of parole, commit further breaches or commit an offence.

Clause 49, page 19, line 36 [clause 49, inserted section 76B(2)(b)]—Delete 'the CE' and substitute 'a magistrate'

Clause 49, page 19, lines 39 and 40 [clause 49, inserted section 76B(2)(c)]—Delete 'the CE' and substitute 'the magistrate'

Clause 49, page 20, after line 5 [clause 49, inserted section 76B]—After subsection (2) insert:

(3) In this section—

senior police officer means a police officer of or above the rank of Inspector.

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