South Australian Current Acts South Australian Current Acts74—Board may take action for breach of parole conditions
(1) If the Board is
satisfied that—
(a) in
the case of a person released on parole who is serving a sentence of life
imprisonment—the person has, while on parole, breached a condition of
the parole; or
(b) in
the case of any other person released on parole—the person has, while on
parole, breached a condition of the parole that is constituted by the
commission of an offence or that is, in the opinion of the Board, a serious
breach,
the Board may, by order, direct that the person serve in prison the balance of
the sentence, or sentences, of imprisonment in respect of which the person was
on parole, being the balance unexpired as at the day on which the breach was
committed.
(1a)
Subsection (1) applies notwithstanding that, at the time of finding the
breach proved, the parole has expired or been discharged.
(1b) Where the Board
makes an order under subsection (1) in respect of a person who is still
on parole, the Board must order that the person's release on parole be
cancelled.
(2) The Board cannot
make an order under this section in relation to a person who is under the
supervision of a community corrections officer unless it has obtained and
considered a report from the CE.
(3) Where the release
of a person was cancelled for breach of parole conditions before the
commencement of the Prisons Act Amendment Act (No. 2) 1983 the
person is (subject to any non-parole period that may have been fixed) liable
to serve in prison the balance of the sentence, or sentences, unexpired as at
the day on which the breach was committed.
(4a) If a person who
has been returned to prison pursuant to this section commits an offence while
in prison and a sentence of imprisonment is imposed for the offence, the
person is liable to serve in prison the balance of the sentence, or sentences,
unexpired as at the day on which the offence was committed.
(5) If a person who is
returned to prison under this section is released on parole, that release will
be taken to be under the order of the Board in force immediately prior to the
return of the person to prison.
(6) Any period for
which the person is detained in custody or in prison after breaching the
condition is to be counted as or towards the period that the person is liable
to serve in prison under this section (and any date on which the sentence is
to be taken to have commenced will be fixed accordingly).