New South Wales Consolidated Regulations

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CRIMES (ADMINISTRATION OF SENTENCES) REGULATION 2014 - REG 223

Circumstances constituting manifest injustice

223 Circumstances constituting manifest injustice

(1) For the purposes of section 137B of the Act, the following circumstances are prescribed as circumstances of manifest injustice where parole has been refused or revoked (whether before or after release)--
(a) if it becomes apparent that the decision to refuse or revoke parole was made on the basis of false, misleading or irrelevant information,
(b) if it becomes apparent that a matter that was relevant to the decision to refuse or revoke parole is no longer relevant,
(c) if it becomes apparent that a matter that was relevant to the decision to refuse or revoke parole has been addressed in a way that warrants reconsideration of the decision or can be so addressed by imposing additional conditions on parole,
(d) if a Community Corrections officer requests that the Parole Authority reconsider the decision to refuse or revoke parole (other than where parole has been revoked because the offender, while on parole, committed an offence),
(e) if a Community Corrections officer requests that the Parole Authority reconsider the decision to revoke parole and parole has been revoked because the offender, while on release on parole, committed an offence for which any of the following sentences was imposed--
(i) a non-custodial sentence,
(ii) a custodial sentence with a non-parole period of a term of less than 12 months,
(iii) a sentence with a fixed term of less than 12 months,
(f) if the decision to revoke parole was made while the offender was subject to a re-integration home detention order.
(2) For the purpose of section 143B of the Act, the circumstances specified in subclause (1) are prescribed as circumstances constituting manifest injustice in relation to a serious offender if the Review Council has advised the Parole Authority that it is appropriate for the offender to be considered for release on parole.
(3) For the purposes of section 175(1A) of the Act, circumstances in which it becomes apparent that the relevant intensive correction order has been revoked on the basis of false, misleading or irrelevant information are prescribed as circumstances constituting manifest injustice.



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