Page 4196 - Week 15 - Thursday, 17 December 1992
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ACT LEGISLATIVE ASSEMBLY
Question on Notice 459
Sentence Remissions
MR CORNWELL: To ask the Attorney-General - In relation to theACT Parole Board
(1) How many remissions of sentences were sought in 1989-90, 1990-91, 1991-2.
(2) How many were granted in each of those years.
(3) For what offences were such remissions granted in each of the years at (2)
MR CONNOLLY: The answer to the members question is as follows:
The Parole Board does not grant remissions of sentence$ per se. By virtue of subsection 5(3) of the Removal of Prisoners Act 1968. ACT prisoners removed to NSW are entitled to receive the same remissions of sentence or of non-parole period as their NSW counterparts are entitled to receive. Such remissions were removed for NSW prisoners (and therefore ACT prisoners) sentenced after 25 September 1989, with the passage and commencement of the Sentencing Act 1989, which. established what is known as "truth in sentencing". Those remissions, which were not "sought" as such, but generally automatically granted, were the responsibility of and calculated by the NSW Corrective Services authorities who advised the Parole Board of the adjusted release date. Some ACT prisoners yet to be released will have their sentences reduced by these remissions because they were sentenced prior to the relevant date.
Such remissions were granted in respect of all offences, but were not applicable to any indeterminate sentences.
Subsection 20(3) of the Parole Act 1976, provides that where a prisoner has exhibited such excellence in his general behaviour, and has made such endeavours in relation to his rehabilitation or that there are special circumstances that justify the release of the person on parole before the expiration of the non-parole period the Board may state an earlier day of release not exceeding 4 days for every month, or part of a month, of imprisonment actually served. I am advised that this provision has very rarely been used and not in recent years.
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