Offenders Probation and Parole Act Amendment Act 1969 (WA)

1969.] Offenders Probation and Parole. [No. 3.

OFFENDERS PROBATION

AND PAROLE.

No. 3 of 1969.

AN ACT to amend the Offenders Probation and

Parole Act, 1963-1965.

[Assented to 21st April, 1969.]

RE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. (1) This Act may be cited as the Offenders ,Tarctigttlieon.

Probation and Parole Act Amendment Act, 1969.

(2) In this Act the Offenders Probation and Parole Act, 1963-1965, is referred to as the principal Act.

(3) The principal Act as amended by this Act may be cited as the Offenders Probation and Parole Act, 1963-1969.

No. 3.] Offenders Probation and Parole. [1969.

Commence-

The several provisions of this Act shall come into operation on such dates respectively as may be fixed by proclamation in relation to each of those provisions.

ment. 2.

Amendment

Section three of the principal Act is amended by adding after the passage, "PART III.—PAROLE OF OFFENDERS, ss. 21-50." in line four, the passage, "PART IIIA.—ORDERS RELATING TO THE PROBATION AND PAROLE OF OFFENDERS MADE IN ANOTHER STATE OR A TERRITORY, ss. 50A-50W.

to 8.3 3.

(Arrange-

ment).

Division 1. Probation Orders made in another State or

a Territory—Ss. 50A-50L.

Division 2. Parole Orders made in another State or

a Territory—Ss. 50M-50T.

Division 3. General—Ss. 50U-50W." .

Amendment

to s. 4	4. Section four of the principal Act is amended
(Interpreta-

tion). (a) by adding before the interpretation, "Comptroller General", the following interpretations

"another State" means any State of the Commonwealth other than this State;

"authority", in relation to a probation or parole order made in another State or a Territory, means the Governor, Governor in Council, Court, Board, committee, person or other authority duly authorised to make the order in question; ;

(b) by substituting for the words, "and an honorary parole officer" in lines three and four of the interpretation, "parole officer" the passage ", an honorary parole officer and a person deemed to be a parole officer under subsection (5a) of section thirty-five of this Act";

1969.] Offenders Probation and Parole. [No. 3.

(c)	by adding after the word, "Officer" being the last word in the interpretation "probation officer", the passage, "and a person deemed to be a probation officer under subsection (5a) of section six of this Act"; and
(d)	by adding after the word, "officer" being the last word in the interpretation, "the probation period" a passage as follows

"Territory" means a Territory of the

Commonwealth" .

5. Section six of the principal Act is amended grehaeut

by adding after subsection (5) a subsection as Lfgor-

follows— (5a) A person who holds or occupies	Probation
Officers).

(a)	the office of probation officer; or
(b)	any office that is prescribed for the purposes of this Act, to be an office similar to that of probation officer,

in another State or a Territory shall, by virtue of his office and without further appointment or other authority than this subsection, be deemed to be a probation officer for the purposes of a probation order that permits or requires a probationer to reside in that State or Territory. .

6. Section nine of the principal Act is amended— tit:Pr:meat (Power of

(a)

by adding after the word, "residence" in Facaretsig-

lines three and four of subsection (7) the Lt,liel:).

passage, ", whether in this State or another

State or a Territory";

(b)

by adding after subsection (7) the follow- ing subsections

(7a) Unless the probation order,

whether as initially made or as amended,

permits or requires the probationer to

No. 3.] Offenders Probation and Parole. [1969.

reside in another State or a Territory, it is a requirement of the probation order that the probationer shall not leave or remain out of this State except in com- pliance in every respect with the terms and conditions of a permit issued pursuant to subsection (7b) of this section.

(7b) Where a probation order requires that the probationer shall not leave or remain out of this State, the supervising court, or the Chief Probation Officer, may permit the probationer to leave and remain out of this State for such time and upon such terms and conditions, as it or he thinks fit.

(7c) A permit under subsection (7b) of this section shall be in writing under the hand of the clerk of the supervising court or the Chief Probation Officer, as the case requires, and to the extent necessary to give effect to the permit, the probation order to which the permit relates shall be deemed to be amended and shall apply accordingly. ; and

(c) by adding after subsection (9) the follow- ing subsection

(9a) Where a probationer is permitted or required to reside in another State or Territory, the Chief Probation Officer shall forthwith cause to be sent to the Chief or Principal Probation Officer, or other prescribed officer, of that State or Territory, on being requested by that officer so to do, a copy of the probation order certified under the hand of the Chief Probation Officer as a true copy thereof together with such other docu- ments and information relating to the case as the Chief Probation Officer considers likely to be of assistance to any court, authority or person in the State or Territory with respect to the order. .

1969.] Offenders Probation and Parole. [No. 3.

7. Section twelve of the principal Act is Amendment to 6.12

amended—

(Discharge

grti°11

(a) by adding after subsection (1) the follow- ing subsection

(la) Where pursuant to a probation order, a probationer is residing in another State or a Territory and a court of that State or Territory having juris- diction similar to that of the court by which the probation order was made upon application made by a probation officer, or a person holding an office similar to that of probation officer, of that State or Territory, or by the probationer makes an order for the discharge of the order, the probation order shall be deemed to be discharged accordingly. ; and

(b) by adding after the word, "discharged" in line two of subsection (3), the words, "or is deemed to be discharged".

8. Section fourteen of the principal Act is =rent

amended by adding the following subsection— wtxtreonagtilt

(4) Where pursuant to the provisions of a oder). r

law of another State or a Territory correspond- ing to section fifty F of this Act, an order amending a probation order is made, the probation order shall be deemed to be amended as specified in the amending order and as so amended the probation order shall apply accordingly. .

9. Section sixteen of the principal Act is repealed f_ p ealed and

and re-enacted as follows— re-enacted.

16. (1) A probationer who at any time rergiggents

during the probation period fails to comply, gfrcperation

whether in this State or elsewhere, with any gpilg,g3irs 8

express or implied requirement of a probation conviction.

order made with respect to him, is guilty of

an offence against this section.

No. 3.] Offenders Probation and Parole. [1969.

See ss. 49 and

50 Act No. 11	(2) If at any time during the probation period it appears on complaint in writing to a justice that a probationer has failed to comply with an express or implied requirement of a probation order, the justice may issue a summons requiring the probationer to appear
of 1902.

(a)	where the order was made by a court of petty sessions at that court or at the supervising court;
(b)	where the order was made by a court other than a court of petty sessions, at the supervising court,

at the time specified in the summons, or may, if the complaint is in writing and on oath, issue a warrant for the arrest of the probationer and directing that he be brought before a court of petty sessions, being one of the courts referred to in paragraph (a) or (b) of this sub- section, as soon as practicable after his arrest.

Power of

courts of	(3) If the court of petty sessions before which a probationer appears or is brought pursuant to subsection (2) of this section, convicts the probationer of an offence against subsection (1) of this section, that court may
petty
session.

(a)	without prejudice to the continuation of the probation order, impose on him a fine not exceeding One hundred dollars; or
(b)	if the probation order was made by a court of petty sessions—deal with the probationer for the offence in respect of which the probation order was made in any manner in which the court could deal with him if it had just convicted him of that offence; or
(c)	in any other case—commit him to custody or release him on bail, with or without sureties, to be brought or to appear before the court by which the probation order was made.

1969.] Offenders Probation and Parole. [No. 3.

(a) Where a court of petty sessions exercises the power referred to in paragraph (c) of subsection (3) of this section, that court shall as soon as practicable thereafter send to the Crown Solicitor, a certificate signed by a justice certifying that the probationer has failed to comply with the requirement of the probation order specified in the certificate, together with such other particulars of the case as the court thinks desirable.

(4)

(b) A certificate given pursuant to and in accordance with paragraph (a) of this sub- section is admissible as evidence before any court of the failure of the probationer to comply with the requirement of the probation order and of the other particulars specified in the certificate.

(5) A certificate purporting to be signed by the proper officer of a court of another State or a Territory before which a probationer is brought pursuant to a law of that State or Territory corresponding to Division 1 of Part MA of this Act certifying that the probationer has failed to comply with the requirement of the probation order specified in the certificate and any other particulars of the case as that officer thinks desirable is admissible as evidence before any court of such failure and of the other particulars so specified.

Powers of

(6) Where a probationer is brought or appears before the Supreme Court or a Court

Supreme

Court and

Court of

of Session and it is proved to the satisfaction

Session.

of the court before which he is brought or appears that the probationer has failed to comply with a requirement of the probation order that court may deal with him for the offence in respect of which the probation order was made in any manner in which that court could deal with him if he had just been con- victed before that court of that offence.

(7) Without prejudice to the provisions of savings.

section seventeen of this Act, a probationer who is convicted of an offence, other than an offence

No. 3.] Offenders Probation and Parole. [1969.

against subsection (1) of this section, com- mitted during the probation period is not on that account liable to be dealt with under this section for failing to comply with a require- ment of the probation order.

Further

savings.	(8) A probationer who has been dealt with under the provisions of a law of another State or a Territory corresponding to sections fifty G- and fifty H of this Act for failing to comply with a requirement of the probation order is not liable to be dealt with under this section for the act or omission that constituted the failure to comply for which he was so dealt with. .
S. 17

repealed and 10. Section seventeen of the principal Act is

re-enacted. repealed and re-enacted as follows-

Breach of 17. (1) If it appears on complaint in writing

probati n	o
order by

conviction.	to a justice that a person in whose case a proba-
See ss. 49 and
50 Act No. 11	tion order has been made has been convicted in
of 1902.	this State or elsewhere of an offence, other than an offence against section sixteen of this Act or against a law of another State or a Territory corresponding to section fifty G of this Act, committed during the probation period and has been dealt with in respect of that offence, the justice may issue a summons requiring that person to appear at the time and place specified in the summons or, where the complaint is in writing and on oath, may issue a warrant for his arrest.
(2) A summons or warrant issued under this section shall direct the person so convicted to appear or to be brought before the court by which the probation order was made and if

(a) that court is a court of petty sessions, the summons or warrant may direct him to appear or to be brought before the supervising court; and

1969.]

Offenders Probation and Parole. [No. 3.

(b) the warrant is issued requiring him to be brought before the Supreme Court or a Court of Sessions and he cannot forthwith be brought before that Court because it is not then being held, the warrant has effect as if it directed him to be brought before a court of petty sessions and that court shall commit him to custody or release him on bail, with or without sureties, to be brought or to appear before the Supreme Court or Court of Sessions, as the case requires.

(3) If a person in whose case a probation =g,f,

order has been made by any court is convicted cgfnri;cet,!.%

and dealt with by another court in respect of gliguton

an offence, other than an offence against period.

section sixteen of this Act or against a law of

another State or a Territory corresponding to

section fifty G of this Act, committed during

the probation period, that other court may

commit him to custody or release him on bail,

with or without sureties, to appear or be

brought before

(a)	the court by which the probation order was made; or
(b)	the supervising court if the order was made by a court of petty session,

and if it does so that other court shall send to the Crown Solicitor or the appropriate Clerk of the Court, as the case may require, a certificate of the conviction signed by the proper officer of that court.

(4) A certificate given under and in accord- ance with subsection (3) of this section is admissible as evidence before any court that the probationer has been convicted and dealt with in respect of the offence therein specified committed in this State during the probation period.

No. 3.] Offenders Probation and Parole. [1969.

(5) A certificate purporting to be signed by the proper officer of a court of another State or a Territory before which a probationer appears or is brought pursuant to a law of that State or Territory certifying that the probationer has been convicted and dealt with in respect of an offence, other than an offence against a law of that State or Territory corres- ponding to section fifty G of this Act, committed during the probation period, is admissible as evidence before any court that the probationer has been convicted and dealt with in respect of the offence therein specified committed in the other State or the Territory during the probation period.

(6) Where

(a)

a probationer is convicted of and dealt with in respect of an offence, other than an offence against section sixteen of this Act or against a law of another State or a Territory corresponding to section fifty G of this Act, committed during the probation period either by the court by which the probation order was made or, if the probation order was made by a court of petty sessions, by the supervising court; or

(b)

it is proved to the satisfaction of the court by which the probation order was made or, if the probation order was made by a court of petty sessions, to the satisfaction of the supervising court that the probationer has been convicted of and dealt with in respect of an offence, other than an offence against section sixteen of this Act or against a law of another State or a Territory corresponding to section fifty G of this Act, committed in this State or elsewhere during the proba- tion period,

Offenders Probation and Parole. [No. 3. such court or such supervising court, as the case may be, may deal with the probationer for the offence for which the order was made in any manner in which it could deal with him if he had just been convicted by or before that court of that offence.

1969.]

(7) If a probationer in whose case the probation order was made by a court of petty sessions is convicted before the Supreme Court or a Court of Session of an offence committed during the probation period, the Supreme Court or Court of Session may deal with him for the offence for which the order was made in any manner in which the court of petty sessions could deal with him if it had just convicted him of that offence, and any sentence imposed shall be regarded as the sentence of the court of petty sessions except that for the purposes of any appeal against that sentence it shall be regarded as a sentence imposed on a conviction on indictment and the provisions of Chapter LXIX of The Criminal Code, so far as applicable, apply accordingly.

If a probationer in whose case the pro- bation order was made by a Court of Session is convicted before the Supreme Court of an offence committed during the probation period, the Supreme Court may deal with him for the offence for which the probation order was made in any manner in which the Court of Session could deal with him if it had just convicted him before that court of that offence and any sentence imposed by the Supreme Court shall, for all purposes, be regarded as the sentence of the Court of Session.

(8)

(9) A probationer who has been dealt with under the provisions of a law of another State or a Territory corresponding to sections fifty J and fifty K of this Act for that he has been convicted of, and dealt with for, an offence committed during the probation period is not liable to be dealt with under this section for that conviction. .

No. 3.] Offenders Probation and Parole. [1969.

Amendment

to s. 20	11. Subsection (2) of section twenty of the
(Conviction

on which	principal Act is amended by adding after the word,
probation
granted to be	"Act" in line two the passage, "or under a law of
disregarded
for certain	another State or a Territory corresponding to
purposes).	Division 1 of Part IIIA of this Act".
Amendment

to s. 30 (2)	12. Subsection (2) of section thirty of the
(Certificates

of secretary

principal Act is amended by deleting the passage,

to Board).

"upon a matter within its competence," in lines

three and four.

Amendment

to s. 34	13.	Paragraph (c) of subsection (1) of section
(Annual

report of

thirty-four of the principal Act is amended by

Board).

adding after the word, "Act" in line one, the words,

"so far as it relates to the parole of offenders".

S. 34B

The principal Act is amended by adding after section thirty-four A a section as follows-

added. 14.

Application

of this Act	34B. When the Governor extends the Royal
to certain

prisoners	mercy to an offender pursuant to section seven
released
pursuant to	hundred and five of The Criminal Code, upon
s. 705 of
The Criminal	condition of the offender submitting to his
Code.	release on parole under this Act, for any period not exceeding five years, the provisions of this Act relating to the parole of offenders apply, with such modifications as circumstances require, to the offender, as if the Board had by order under this Act directed his release from prison on parole for such period. .
Amendment

to s. 35	15. Section thirty-five of the principal Act is
(Appoint-

ment of	amended by adding after subsection (5) the follow-
officers of
the Board	ing subsection
and parole

officers). (5a) A person who holds or occupies

(a)	the office of parole officer; or
(b)	any office that is prescribed for the purposes of this Act to be an office similar to that of a parole officer,

1969.] Offenders Probation and Parole. [No. 3. in another State or Territory shall, by virtue of his office and without further appointment or other authority than this subsection, be deemed to be a parole officer for the purposes of a parole order, that permits or requires a prisoner to reside in that State or Territory. .

16. Section thirty-seven of the principal Act is Amendment to 3. 37

amended—	minimum
(Fixing
term to be

(a) by adding after subsection (3) a subsection sziebletVre

as follows— parole).

(4) Where a person is convicted by a court of one or more offences and is sentenced to be imprisoned by the court for the offence or offences, if

(a)	the court directs that the term or terms of imprisonment then imposed by it in respect of the offence or offences shall take effect cumulatively with a term or terms of imprisonment that the person is then undergoing or liable to undergo and in respect of which no minimum term has been fixed; and
(b)	the aggregate period of imprisonment that consequently remains to be cumulatively served by the person after the court so directs, amounts to not less than twelve months,

the court, subject to subsection (2) of this section, shall fix a minimum term 'in respect of the aggregate of the terms of imprisonment that the court so directs are to take effect cumulatively. ;

(b) by adding a subsection as follows

(5) Where a person is convicted of one or more offences by a court of petty sessions and is sentenced by the court to a teem of imprisonment for the offence

No. 3.] Offenders Probation and Parole. [1969. or offences and the court is required under this Act, subject to paragraph (a) of subsection (2) of this section, to fix a minimum term as part of such sentence, or the aggregate of such sentences if the court decides not to fix a minimum term pursuant to that paragraph, the court shall endorse the appropriate court record accordingly. ; and

(c) by adding a subsection as follows

(6) Where a court of petty sessions fails to comply with the provisions of subsection (5) of this section, the court shall be deemed to have fixed a minimum term of one-half of the term of imprison- ment referred to in that subsection or one-half of the aggregate of the period or terms of imprisonment referred to in subsection (3) or (4) of this section, as the case requires.

Amendment

to s. 38	17. Section thirty-eight of the principal Act is
(Service of

several amended by adding a subsection as follows

sentences with mini- mum terms).

(3) Notwithstanding section twenty of The Criminal Code, where a person who has been released on parole is sentenced to another term of imprisonment in respect of an offence committed during the parole period, that term of imprisonment shall be served cumulatively upon the unexpired portion of the term of imprisonment in respect of which he was released from prison on parole, unless the court imposing the firstmentioned term otherwise orders. .

Amendment

to s. 39	18. Section thirty-nine of the principal Act is
(Regulations

for remission	amended
of portion of
sentence not

to apply	(a) by substituting for the word, "The" in line
where mini-

mum term	one of subsection (1), the passage, "Subject
fixed).	to subsection (3) of this section, the"; and

Offenders Probation and Parole. [No. 3. (b) by adding the following subsection—

1969.]

(3) Where a prisoner who-

(a)	is eligible to be released on parole in respect of part of a term of imprisonment; and
(b)	has not been previously released on parole in respect of that term of imprisonment,

is not so released before the date that he would have been released from prison, having regard to the part, if any, of that term of imprisonment that would have been remitted pursuant to the remission regulations on account of his industry and good conduct if those regulations had been duly applied to, or with respect to, him, the prisoner shall be released from prison on that date or as soon thereafter as is practicable unless he is then liable to serve any other term of imprisonment or part thereof. .

Amendment

19. Section forty of the principal Act is to s. 40 (Court

amended

failing to

fix or

incorrectly

fixing

(a)	by adding after the word, "term" in line	minimum
sentence).
one of subsection (1), the words, "or terms";
(b)	by adding after the word, "is" in line three of subsection (1), the words, "or are";
(e)	by substituting for the word, "In" in line one of subsection (2), the passage, "Subject to section thirty-seven of this Act, in"; and
(d)	by substituting for the words, "a court of petty sessions" in line seven of subsection (2), the words, "any other court".

No. 3.] Offenders Probation and Parole. [1969.

Amendment

to a. 41	20. Section forty-one of the principal Act is
(Release

on parole). amended

(a)	by deleting the passage, ", having com- pleted a sentence of imprisonment," in lines two and three of paragraph (b) of subsection (1);
(b)	by adding after the word, "years" being the last word in paragraph (b) of subsection (1), the passage, "or such lesser period as the Governor, having regard to the circumstances of the case, on the recom- mendation of the Board, orders" ;
(c)	by deleting the passage, ", having com- pleted a sentence of imprisonment," in lines one and two of paragraph (c) of subsection (1);
(d)	by adding after subsection (1) a subsection as follows

(la) Notwithstanding the provisions of section six hundred and sixty-five of The Criminal Code, where a prisoner is undergoing or has been sentenced to undergo, a term of imprisonment in respect of which a minimum term has been fixed and has also been sentenced to an indeterminate sentence under The Criminal Code, for the purposes of this section the indeterminate sentence shall be deemed to commence on the expira- tion of the minimum term. ;

(e)	by adding after the word, "cancel" in line one of subsection (2) the passage, ", amend" ;
(f)	by adding after the word, "so" in line three

of subsection (2) the words, "amended or";

(g) line sixteen of subsection (3) the words,by adding after the word, "regulations" in

"and with such other requirements as the Board considers necessary in any particular case and specifies in the order" ; and

1969.] Offenders Probation and Parole. [No. 3.

(h) by adding after subsection (3) the follow- ing subsections

(3a) Without limiting the generality of subsection (3) of this section, the parole order may include requirements relating to the residence of the prisoner in this State or if the prisoner consents, in another State or a Territory.

(3b) Unless the parole order otherwise permits or requires the prisoner to reside in another State or Territory, it is a requirement of every parole order that the prisoner shall not leave or remain out of this State except in compliance in every respect with the terms and condi- tions of a permit in writing of the Board or of the Chief Parole Officer.

(3c) Where a parole order requires that the prisoner shall not leave or remain out of this State, the Board or the Chief Parole Officer may permit the prisoner to leave and remain out of the State for such time and upon such terms and conditions, as it or he thinks fit.

(3d) A permit under subsection (3c) of this section shall be in writing under the hand of a member of the Board or the Chief Parole Officer, as the case requires, and to the extent necessary to give effect to the permit the parole order shall be deemed to be amended and shall apply accordingly.

(3e) Where a permit is issued by the Chief Parole Officer under subsection (3c) of this section, that officer shall forthwith cause to be sent to the Secretary to the Board a copy of the permit together with a report setting out the facts and circumstances under which the permit was issued.

No. 3.] Offenders Probation and Parole. [1969.

(3f) Where pursuant to a parole order, a prisoner is required or permitted to reside in another State or a Territory, the Chief Parole Officer shall send to the Chief or Principal Parole Officer, or other prescribed officer, in that State or Territory, on being requested by that officer so to do, a copy of the parole order certified in writing under his hand as a true copy, and such documents and information relating to the case as he considers likely to be of assistance to any authority or officer in the State or Territory with respect to the order. .

S. 41A added. 21. The principal Act is amended by adding

after section forty-one a section as follows-

Breach of

parole ord 41A. (1) A prisoner who at any time during elsewhere fails to comply with a requirement of the parole order is guilty of an offence against this section.

otherw er ise

than by	the parole period whether in this State or
conviction.

(a) If at any time during the parole period it appears on complaint in writing to a justice that a prisoner has failed to comply with a requirement of a parole order, the justice may issue a summons requiring the prisoner to appear at a court of petty sessions at the time and place specified in the summons or may, if the complaint is in writing and on oath, issue a warrant for his arrest directing that he be brought before a court of petty sessions at the place specified as soon as practicable after his arrest.

(2)

(b) The court of petty sessions before which the prisoner is so required to appear or is directed to be brought, as the case may be, has jurisdiction to hear and determine the com- plaint.

(3) If the court of petty sessions before

which the prisoner appears or is brought

pursuant to subsection (2) of this section,

1969.]	Offenders Probation and Parole. [No. 3. convicts the prisoner of an offence against this section, the court may, without affecting the continuation of the parole order, impose on him a fine not exceeding One hundred dollars.
(4) The conviction of a prisoner of an offence against this section does not limit the power of the Board to cancel, suspend, amend or vary his parole pursuant to section forty- four of this Act.
(5) Without limiting the provisions of sub- section (2) of section forty-four of this Act, a prisoner who is sentenced to another term of imprisonment in respect of an offence com- mitted during the parole period whether in this State or elsewhere, is not on account of the commission of that offence liable to be dealt with under this section.
(6) A prisoner who has been dealt with under the provisions of a law of another State or a Territory corresponding to section fifty R of this Act for failing to comply with a requirement of the parole order is not liable to be dealt with under this section for the act or omission that constituted the failure to comply for which he was so dealt with.
(7) Where any breach of the requirements of a parole order comes to the knowledge of the Chief Parole Officer, he shall give forthwith notice in writing of the breach to the Board and shall submit such reports upon and information with respect to the breach as the Board requires. .

Amendment

22. Section forty-two of the principal Act is

to s. 42

(Release on

amended parole of prisoner

(a)	by adding before the word, "release" where	sentence
coning life
first occurring in subsection (1), the words,	sentences
except
"direct the"; and	from deathcommuted sentence or

(b) by adding the following subsection for murder).

(3) Where a prisoner is released from

prison on parole pursuant to this section

and his parole has been cancelled, the

No. 3.] Offenders Probation and Parole. [1969.

Board may from time to time release the prisoner on parole under section forty- five of this Act for such period not exceeding five years, as the Board thinks fit. .

Amendment

to s. 43	23.	Section forty-three of the principal Act is
(Persons on

parole	amended by adding after the word, "offence" in line
deemed still
under	five the passage, "other than an offence against
sentence).	section forty-one A of this Act or a law of another State or a Territory corresponding to section fifty R of this Act," .

Amendment	24.	Section forty-four of the principal Act is
to s.44
(Power of

Board to	amended
cancel parole).

(a)	by adding after the word, "cancel" in line five of subsection (1), the passage, ", amend, suspend" ;
(b)	by adding after subsection (1) the follow- ing subsections

(la) Any suspension of a prisoner's parole under subsection (1) of this section may be for a fixed or an indeter- minate period as the Board thinks fit.

(lb) The Board may at any time by order in writing, cancel an order sus- pending a prisoner's parole.

(lc) Where a prisoner's parole has been suspended and during the period of suspension the prisoner's parole has not been cancelled

(a)	by order of the Board under subsection (1) of this section; or
(b)	by operation of subsection (2) of this section,

then at the expiration of the period of suspension of the prisoner's parole, or if the order suspending the prisoner's

1969.] Offenders Probation and Parole. [No. 3. parole is sooner cancelled, upon such cancellation the parole order again applies with such additional or varied requirements, if any, as the Board may impose and the prisoner shall be released on parole under the order.

(id) (a) Where pursuant to a parole order a prisoner is residing in another State or a Territory and the Parole Board, or other prescribed authority, of that State or Territory makes an order cancelling, suspending or varying his parole, the parole order shall be deemed to be cancelled, suspended or varied as specified in the order and as so varied applies accordingly.

(b) Where the Parole Board or other prescribed authority of that State or Territory cancels any order suspending a prisoner's parole, the foregoing provisions of this subsection cease to apply in relation to that order. ;

(c)	by adding after the word, "offence" in line three of subsection (2) the passage, "other than an offence against section forty-one A of this Act or a law of another State or a Territory corresponding to section fifty R of this Act," ;
(d)	by adding after the word, "pleasure" in line eleven of subsection (3), the words, "or to apprehend him and bring him before the Board as soon as practicable";
(e)	by adding after the word, "prison" in the last line of subsection (3), the words, "or his being apprehended and brought before the Board";
(f)	by adding after subsection (3) subsections as follow

(3a) It is not necessary for the Board to meet before any warrant is signed and issued by it under this Act.

No. 3.] Offenders Probation and Parole. [1969.

(3b) Where a prisoner is brought before the Board pursuant to a warrant issued under subsection (3) of this section the Board

(a)	may again direct the release of the prisoner on parole; or
(b)	may issue a warrant under that subsection for the return of the prisoner to prison. ;

(g)	by adding after the word, "and" in line four of subsection (4), the passage, "except as hereinafter provided in this section," ;
(h)	by adding after the word, "detention" being the last word in subsection (4), a passage as follows

"but where a prisoner is released on parole pursuant to subsection (3b) of this section the Board may, if it thinks fit, order that all or any of the parole period prior to the prisoner being so released on parole shall be regarded as time served in respect of that term or detention, unless his parole is cancelled on a subsequent occasion"; and

(i)    by adding after subsection (4) the follow- ing subsections

(5) 'Where a prisoner's parole is suspended by order of the Board, the Board may whenever necessary, by warrant signed by any two members of the Board, authorise any member of the Police Force or other officer to apprehend the prisoner and return him to a prison or institution specified in the warrant to be therein kept in custody for so long as the order suspending his parole remains in force and the warrant is sufficient authority for the prisoner's apprehension and for his conveyance to the prison or institution specified in the warrant and for his detention therein during the period during which the order suspending his parole remains in force.

1969.] Offenders Probation. and Parole. [No. 3.

(6) Where a prisoner has been impris- oned or detained under the provisions of a law of another State or a Territory corresponding to section fifty Q of this Act, he shall be regarded for the purposes of this Part, as having served or under- gone imprisonment or detention, as the case may be, for the period during which he was so imprisoned or detained and that period shall be regarded as time served in respect of his term of imprison- ment or detention under the original warrant of commitment or other authority therefor. .

25. Section forty-seven of the principal Act is tione.ricalf

(Power Of

amended by adding a subsection as follows— BOard

(3a) Where a person has been released on Ylent:Fin

parole pursuant to subsection (3) of this prisoners

section, he shall be deemed to have been so When tbir	Act comes
released—	into operation).

(a)	for a period equal to the remainder of the term of imprisonment that he was undergoing at the time of his release; and
(b)	for the purposes of this Act to be a person who has been so released after serving a minimum term in respect of that term of imprisonment. .

26. The principal Act is amended by adding Ir.eeras2

after section fifty the following heading and

section

PART IIIA.—ORDERS RELATING TO PROBATION AND PAROLE OF OFFENDERS MADE IN ANOTHER STATE OR A TERRITORY.

Division 1.—Probation Orders made in another State or in a Territory.

50A. (1) In this Division unless the con- Inotgrpreta-

trary intention appears

"probation order" means a probation order,

or an order of a class prescribed to be

similar to a probation order made

No. 3.] Offenders Probation and Parole. [1969.

under Part II of this Act made by a court or other prescribed authority of another State or Territory that requires or permits the probationer to reside in this State.

(2) For the purposes of this Part, a court having jurisdiction similar to the jurisdiction of the court of another State or a Territory by which a probation order was made shall be in the case of a probation order made by

(a)	the Supreme Court of another State or a Territory, the Supreme Court;
(b)	a Court of General Sessions, Court of Sessions or a Court of Quarter Sessions of another State or Territory, the Supreme Court;
(c)	a court of another State or a Territory constituted by a police, stipendiary or special magistrate or by a justice or justices of the peace, a court of petty sessions constituted by a stipendiary magistrate sitting alone. .

B. 503

added. 27. The principal Act is amended by adding a

section as follows-

Probation

order to have	50B. Subject to the provisions of this Division, a probation order has force and effect and the probationer is bound by the require- ments thereof, whether express or implied, in all respects as if it were an order made under the provisions of Part II of this Act and those provisions apply, subject to such modifications as circumstances require, to the first mentioned probation order. .
effect in
this State.
S. 50C

added. 28. The principal Act is amended by adding the following section-

Reports.

50C. (1) The Chief Probation Officer shall

cause to be prepared and submitted to the

Chief or Principal Probation Officer, or such

1969.]	Offenders Probation and Parole. [No. 3. other officer or authority as is prescribed, of another State or a Territory in which the probation order was made, such reports upon, and information with respect to, the proba- tioner as such court, officer or authority from time to time requires.
(2) A report made under paragraph (b) of subsection (2) of section eight of this Act shall include a report with respect to probation orders to which this Division applies in relation to the matters specified in that paragraph. .

29. The principal Act is amended by adding the 2goa,

following section-

50D. (1) There shall be implied in every trriztrter

probation order a requirement that the

probationer

(a)	report in person, or in writing, to the Chief Probation Officer within seventy- two hours after he comes into this State; and
(b)	report in person at such place, within such time, and to such person as may, from time to time, be specified by the Chief Probation Officer by instrument in writing given to the probationer.

(2) Where the Chief or Principal Probation Officer of the State or Territory in which the probation order was made is of opinion, in the circumstances of the case, that any require- ment specified in subsection (1) of this section should be waived, he may notify the Chief Probation Officer and the probationer in writing to that effect and thereupon the probationer is not required to comply with that requirement unless and until he is directed to the contrary by the Chief or Principal Probation Officer of that State or Territory.

No. 3.] Offenders Probation and Parole. [1969.

Assignment

of probation	(3) Except where the Chief or Principal Probation Officer of the State or Territory in which the probation order was made informs the Chief Probation Officer that the assignment of a probation officer is not required, the Chief Probation Officer shall assign a probation officer to be the probation officer in respect of the probation order and to supervise the probationer in this State during the continu- ance of the order, and the Chief Probation Officer may from time to time assign another probation officer in respect of the order instead of the probation officer previously assigned. .
officer.
S. 50E

added. 30. The principal Act is amended by adding the

following section-

Order of

discharge of	50K (1) A court having jurisdiction similar to the jurisdiction of the court of another State or a Territory by which a probation order was made may, upon application by the probation officer assigned pursuant to subsection (3) of section fifty D of this Act in respect of the order or by the probationer and after due considera- tion of any report by the Chief or Principal Probation Officer, or other prescribed officer, of that other State or Territory, make an order for the discharge of the probation order and thereupon the order shall for the purposes of this Part be deemed to be discharged accord- ingly.
probation
order.
(2) Where an order is made pursuant to subsection (1) of this section, the court making the order shall cause to be sent to the Chief or Principal Probation Officer, or other prescribed officer, in the State or Territory in which the probation order was made, a copy of the order, together with such documents and information relating to the matter as it considers likely to be of assistance to any authority or person in the State or Territory with respect to the order. .

1969.] Offenders Probation and Parole. [No. 3. 31. The principal Act is amended by adding the	. 50P
add
Bed.
following section-
Amendment

50F. (1) A court having jurisdiction similar to that of

of probation

order.

(a)	the supervising court in the State or Territory in which the probation order was made; or
(b)	the court of that State or Territory by which the order was made,

may at any time, upon application by the probation officer assigned pursuant to sub- section (3) of section fifty D of this Act in respect of the order or by the probationer, and after due consideration of any report by the Chief or Principal Probation Officer, or other prescribed officer, of that State or Territory, by order amend the probation order by cancelling any requirement thereof or by inserting therein, either in addition to or in substitution of any requirement thereof, any requirement that could be included in that order if it were then being made by the court in accordance with the provisions of Part II of this Act, but the court shall not

(c)	amend a probation order by reducing the probation period or by extending the probation period beyond the maximum period during which the probationer might have been required by the order to be under the super- vision of a probation officer in the State or Territory in which the order was made; and
(d)	except with the consent of the probationer, so amend the probation order that the probationer is thereby required to reside in any institution or in another State or Territory.

(2) Notwithstanding that a probation order

of another State or a Territory does not require

or permit the probationer to reside in this

No. 3.] Offenders Probation and Parole. [1969.

State, an amending order may be made pursuant to subsection (1) of this section, on the application of the probationer, permitting or requiring the probationer to reside in this State and thereupon the probation order becomes an order to which this Part applies and shall for the purposes thereof be deemed to be amended accordingly.

(3) The court may direct that any order under subsection (2) of this section has effect retrospectively as from a date specified in the order in that regard.

(4) Where, pursuant to this section, an order is made amending a probation order, the probation order shall for the purposes of this Part, be deemed to be amended as specified in the amending order and as so amended applies accordingly.

(5) Where an amending order is made pursuant to this section, the Registrar or clerk of the court, as the case may be,

(a)	shall forthwith cause to be sent to the Chief or Principal Probation Officer or other prescribed officer, of the State or Territory in which the probation order was made, a copy of the order, together with such documents and information relating to the matter as it considers likely to be of assistance to any authority or person in the State or Territory with respect to the order; and
(b)	shall forthwith cause a copy of the order to be given or sent to the probationer and to be sent to the probation officer and to the person in charge of any institution in which a probationer is or was required by the order to reside.

(6) Where pursuant to this section a court

proposes to amend a probation order otherwise

than on the application of the probationer, the

1969.] Offenders Probation and Parole. [No. 3. court may summon him to appear before it, and the court shall not amend a probation order unless the probationer expresses his willingness to comply with the requirements of the order when amended but this subsection does not apply to an order cancelling any requirement of the probation order or reducing the period of any requirement. .

S. 50G

32. The principal Act is amended by adding the added.

following section-

Breach of

50G. (1) A probationer who at any time probation

during the probation period fails to comply with

orderotherwise

than by

an express or implied requirement of a proba-

conviction.

tion order, is guilty of an offence against this

section.

(2) If at any time during the probation period it appears on complaint in writing to a justice that a probationer has failed to comply with a requirement of a probation order, the justice may issue a summons requiring the probationer to appear at a court of petty sessions at a time and place specified in the summons or may, if the complaint is in writing and on oath, issue a warrant for the proba- tioner's arrest directing that he be brought before a court of petty sessions at a place specified in the warrant as soon as practicable after his arrest.

(3) The court of petty sessions before which the probationer is so required to appear or is so directed to be brought, as the case may be, has jurisdiction to hear and determine the complaint.

If the court of petty sessions convicts the

probationer of an offence against this section,

the court may

(4)

(a) without prejudice to the continuation of the probation order, impose on him a fine not exceeding One hundred dollars;

No. 3.] Offenders Probation and Parole. [1969.

(b)	if the probation order was made by a court having in the State or Territory in which the order was made, a juris- diction similar to the jurisdiction of a court of petty sessions—make an order pursuant to subsection (1) of section fifty H of this Act with respect to the probationer or deal with him in accordance with the provisions of sub- section (4) of that section; or
(c)	in any other case—commit him to custody or release him on bail, with or without sureties, to be brought or to appear before a court having jurisdic- tion similar to the jurisdiction of the court of the other State or a Territory by which the order was made.

(a) Where a court of petty sessions exercises the power referred to in paragraph (c) of subsection (4) of this section, that court shall send to the Crown Solicitor a certificate signed by a justice certifying that the proba- tioner has failed to comply with such requirement of the probation order as is specified in the certificate, together with such other particulars of the case as the court thinks desirable.

(5)

(b) A certificate given pursuant to para- graph (a) of this subsection is admissible as evidence before any court of such failure and of the other particulars to which it relates.

(6) Without prejudice to the provisions of section fifty J of this Act, a probationer who is convicted of an offence, other than an offence against this section, committed during the probation period, is not on that account liable to be dealt with under this section or section fifty H of this Act for failing to comply with all or any of the requirements of the probation order.

(7) Where the probationer is brought or

appears before the Supreme Court or a Court of

Session, and it is proved to the satisfaction of

1969.] Offenders Probation and Parole. [No. 3. that court that the probationer has failed to comply with a requirement of the probation order, that court may without prejudice to the continuation of the probation order impose a fine not exceeding One hundred dollars, make

an order pursuant to subsection (1) of section

fifty H of this Act with respect to the proba- tioner or deal with him in accordance with the provisions of subsection (4) of that section.

(8)

The provisions of the Justices Act, 1902, so far as applicable and subject to such modifi- cations as circumstances require extend and apply to, and with respect to, all complaints, summonses, warrants and admission to bail referred to in this section.

For the purposes of this section and sections fifty H, fifty J and fifty K of this Act,

(9)

the court may presume that the person before

the court

(a)	is the probationer in respect of whom the probation order was made unless that person adduces evidence that he is not the probationer in respect of whom the probation order was made; and
(b)	is the person who was convicted of the offence in respect of which the proba- tion order was made unless the person before the court adduces evidence that he is not the person who was convicted of the offence in respect of which the probation order was made. .

S. 5011

33. The principal Act is amended by adding the following section-	added.
Procedure

5011. (1) A court duly authorised in that behalf under paragraph (b) of subsection (4) or

for dealing

with

probationer

on breach

subsection (7) of section fifty G of this Act

of order.

(a) may order that the probationer be returned to the State or Territory in which the probation order was made; and

No. 3.] Offenders Probation and Parole. [1969.

(b) may, for that purpose by warrant under hand in the prescribed form, direct that the probationer be kept in custody in a prison, lock-up or other place of detention specified in the warrant, and delivered into the custody of a member of the police force or other person to whom a court, judge, magistrate or justice of the peace of that State or Territory has directed a warrant, in this section referred to as an "interstate warrant", authorising the apprehension of the probationer and directing that he be brought before a court of that State or Territory to be dealt with according to law for failing to comply with all or any of the requirements of the probation order.

A warrant issued by a court of this State under subsection (1) of this section may be executed according to its tenor but the warrant does not authorise the detention in custody of a person after the expiration of a period of fourteen days commencing on the day on which it is issued.

(2)

On production to a justice of an interstate warrant, the justice, may make an endorsement as prescribed on that warrant authorising the execution thereof in this State, and the inter- state warrant so endorsed

(3)

(a)	authorises the member of the Police Force of the State or Territory in which it was issued or other person to whom it is directed, to take the probationer into his custody and to return him to the State or Territory in which the interstate warrant was issued; and
(b)	authorises, for that purpose, the deten- tion of the probationer in a prison, lock-up or other place of detention for such period not exceeding fourteen days, as may be specified in the endor- sement to the interstate warrant pursuant to this subsection.

1969.] Offenders Probation and Parole. [No. 3.

(4)

Subject to subsection (5) of this section, a court duly authorised in that behalf under paragraph (b) of subsection (4) or subsection (7) of section fifty G of this Act may, where an order under subsection (1) of this section is not made or where made, has been discharged under subsection (7) of this section, deal with the probationer for the offence against section fifty G of this Act in any manner in which the court could deal with him if the act or omission constituting the offence in respect of which the probation order was made had taken place within the jurisdiction of the court and if it had just convicted him of an offence constituted by that act or omission punishable by a penalty not exceeding the maximum penalty prescribed by the law of the State or Territory in which the probation order was made for the offence in respect of which that order was made.

A court shall not deal with a probationer under subsection (4) of this section unless it appears that the appropriate court or authority of the State or Territory in which the proba- tion order was made does not require the return of the probationer to that State or Territory to be dealt with for the offence in respect of which that order was made.

(5)

(6) The court before which the probationer is brought may discharge the probationer, admit him to bail on such conditions as it thinks fit, or authorise his detention in a prison, lock- up or other place of detention for a reasonable period not exceeding fourteen days, pending receipt of instructions from the appropriate court or authority in the State or Territory in which the probation order was made whether the return of the probationer to that State or Territory is desired or not.

(7) Where an order has been made under

subsection (1) of this section, the court may at

any time before the expiration of a period of

No. 3.] Offenders Probation and Parole. [1969.

fourteen days commencing on the day on which the warrant is issued, discharge the order and may thereupon deal with the probationer as provided by subsection (4) of this section.

(8) A probationer who has been dealt with under the provisions of a law of another State or a Territory corresponding to the provisions of section sixteen of this Act for failing to comply with a requirement of the probation order is not liable to be dealt with under this section or under section fifty G of this Act for the act or omission that constituted the failure to comply for which he was so dealt with.

(9) A sentence imposed by the Court pursuant to subsection (4) of this section shall be regarded as a sentence imposed on a convic- tion and where the court is the Supreme Court or a Court of Session the provisions of Chapter LXIX of The Criminal Code so far as applicable apply accordingly for the purposes of any appeal against the sentence. .

S. 503

added.	34. The principal Act is amended by adding the following section-
order by

Breach of	50J. (1) A probationer who is convicted of an offence, other than an offence against section fifty G of this Act, committed during the proba- tion period and is dealt with in respect of that offence, is guilty of an offence against this Act and is liable to be dealt with as provided in this section.
conviction.
(2) If it appears on complaint in writing to a justice that a person in whose case a proba- tion order has been made, has been convicted of an offence, other than an offence against sec- tion fifty G of this Act, committed during the probation period, and has been dealt with in respect of that offence, the justice may issue a summons requiring that person to appear at the time and place specified in the summons, or, where the complaint is in writing and on oath, may issue a warrant for his arrest.

1969.] Offenders Probation and Parole. [No. 3.

A summons or warrant issued under sub- section (2) of this section shall direct the person so convicted to appear or be brought before a court having jurisdiction similar to the jurisdiction of the court of another State or a Territory by which the probation order was made.

(3)

(4) If a person in whose case a probation order has been made is convicted and dealt with in respect of an offence, other than an offence against section fifty G of this Act, committed during the probation period by a court not having jurisdiction similar to that of the court of another State or a Territory by which the order was made, that court may commit him to custody or release him on bail, with or without sureties, to be brought or to appear before a court having jurisdiction similar to that of the court of another State or a Territory by which the probation order was made; and if it does so that court shall send to the Crown Solicitor a certificate of the conviction signed by the proper officer of that court.

A certificate given pursuant to subsection (4) of this section is admissible as evidence before any court that the probationer has been convicted and dealt with in respect of the offence therein specified committed in this State during the probation period.

(5)

(6) Where

(a)	a probationer is convicted of and dealt with in respect of an offence, other than an offence against section fifty G of this Act, committed during the probation period by a court having jurisdiction similar to that of the court of another State or a Territory by which the probation order was made; or
(b)	it is proved to the satisfaction of a court having jurisdiction similar to that of the court of another State or

No. 3.] Offenders Probation and Parole. [1969.

a Territory by which the probation order was made that the probationer has been convicted of and dealt with in respect of an offence, other than an offence against section fifty G of this Act, committed during the probation period,

the court may make an order pursuant to sub- section (1) of section fifty K of this Act with respect to the probationer or deal with him in accordance with the provisions of subsection (4) of that section.

(7) Where a probationer in whose case the probation order was made by a court of another State or a Territory having jurisdiction similar to that of a court of petty sessions is convicted before the Supreme Court or a Court of Session of an offence committed during the probation period, the Supreme Court or Court of Session may make an order pursuant to subsection (1) of section fifty K of this Act with respect to the probationer or deal with him in accordance with the provisions of subsection (4) of that section, and any sentence imposed shall be regarded as the sentence of a court of petty sessions.

(8) Where a probationer in whose case the probation order was made by a court of another State or a Territory having jurisdiction similar to that of a Court of Session is convicted before the Supreme Court of an offence committed during the probation period, the Supreme Court may make an order pursuant to subsection (1) of section fifty K of this Act with respect to the probationer or deal with him in accordance with the provisions of subsection (4) of that section, and any sentence imposed shall, for all purposes, be regarded as the sentence of a Court of Session imposed on a conviction of indictment. .

1969.] Offenders Probation and Parole. [No. 3.

8. 50K

35. The principal Act is amended by adding the added.

following section-

behalf under subsection (6), (7) or (8) of conviction. 50K. (1) A court duly authorised in that me an

section fifty J of this Act

(a)

may order that the probationer be returned to the State or Territory in which the probation order was made either forthwith or at the expiration, or at any time before the expiration, of a term of imprisonment or detention which he is serving or to which he has been sentenced; and

(b)

may, for that purpose, by warrant under hand in the prescribed form direct that the probationer be kept in custody in a prison, lock-up or other place of detention specified in the warrant and delivered into the custody of a member of the Police Force or other person to whom a court, judge, magistrate or justice of the peace of that State or Territory has directed a warrant, in this section referred to as an "interstate warrant", authorising the apprehension of the probationer and directing that he be brought before a court of that State or Territory to be dealt with according to law for that he has been convicted of and dealt with for an offence committed during the probation period.

(2) A warrant issued by a court of this State under subsection (1) of this section may be executed according to its tenor but the warrant does not authorise the detention in custody of a person after the expiration of a period of fourteen days commencing on the day on which that person is taken into custody or commences to be detained under the warrant.

No. 3.] Offenders Probation and Parole. [1969. (3) On production to a justice of an inter- state warrant, the justice, may make an endorsement as prescribed on that warrant authorising the execution thereof in this State and the interstate warrant when so endorsed

(a)	authorises the member of the Police Force of the State or Territory in which it was issued or other person to whom it is directed to take the proba- tioner into his custody and to return him to the State or Territory in which the interstate warrant was issued; and
(b)	authorises, for that purpose, the detention of the probationer in a prison, lock-up or other place of detention for such period not exceed- ing fourteen days as may be specified in the endorsement to the interstate warrant pursuant to this subsection.

(4) Subject to subsection (5) of this section, a court duly authorised in that behalf pursuant to subsection (6), (7) or (8) of section fifty J of this Act may, where an order under sub- section (1) of this section is not made or, where made, has been discharged under subsection (7) of this section, deal with the probationer for the offence against section fifty J of this Act in any manner in which the court could deal with him if the act or omission constituting the offence in respect of which the probation order was made had taken place within the jurisdiction of the court and if it had just con- victed him of an offence constituted by that act or omission and punishable by a penalty not exceeding the maximum penalty prescribed by the law of the State or Territory in which the probation order was made for the offence in respect of which that order was made.

(5) A court shall not deal with a probationer pursuant to subsection (4) of this section unless it appears that the appropriate court or authority of the State or Territory in which the

1969.] Offenders Probation and Parole. [No. 3. probation order was made does not require the return of the probationer to that State or Territory to be dealt with for the offence in respect of which that order was made.

(6) The court before which the probationer is brought may discharge the probationer, admit him to bail on such conditions as it thinks fit, or authorise his detention in a prison, lock-up or other place of detention for a reas- onable period not exceeding fourteen days, pending receipt of instructions from the appropriate court or authority in the State or Territory in which the probation order was made whether the return of the probationer to that State or Territory is desired or not.

(7) Where an order has been made under subsection (1) of this section, the court may at any time before the expiration of a period of fourteen days commencing on the day on which the warrant issued under that subsection is expressed to take effect discharge the order and may thereupon deal with the probationer as provided by subsection (4) of this section.

(8) A probationer who has been dealt with under the provisions of a law of another State or a Territory corresponding to the provisions of section seventeen of this Act for that he has been convicted of, and dealt with for, an offence committed during the probation period is not liable to be dealt with under this section or under section fifty J of this Act on account of that conviction.

(9) Any sentence imposed by the court pursuant to subsection (4) of this section shall be regarded as a sentence imposed on a con- viction and where the court is the Supreme Court or a Court of Session the provisions of Chapter LXIX of The Criminal Code so far as applicable apply accordingly for the purposes of any appeal against that sentence. .

No. 3.] Offenders Probation and Parole. [1969.

S. 581.

added. 36. The principal Act is amended by adding the

following section-

Application

of 85.17 and	50L. In the application of sections seventeen and eighteen of this Act pursuant to section fifty B of this Act, for the purposes of this Part the provisions of the firstmentioned sections shall be read as if the reference therein to the foregoing provisions of this Act were a reference to the provisions of Division 1 of Part IIIA of this Act. .
18 of this
Act.
Division 2

and s. 50M 37. The principal Act is amended by adding the

added. following heading and section

Division 2.—Parole Orders made in another

State or in a Territory.

Interpreta-

tion.	50M. In this Division unless the contrary intention appears, "parole order" means a parole order or any order of a class prescribed to be similar to a parole order made under Part III of this Act by the Parole Board or other prescribed authority of another State or of a Territory that requires or permits the prisoner to reside in this State. .
S. 50N

added.	38. The principal Act is amended by adding the following section-
Parole

orders to	50N. (1) Subject to this Division, a parole order has force and effect and the prisoner is bound by the requirements thereof, whether express or implied, in all respects as if it were a parole order made under Part III of this Act and that Part applies, subject to such modifi- cations as circumstances require, to the first- mentioned parole order.
have effect
in this State
Reports.	(2) A report made in accordance with sub- section (1) of section thirty-four of this Act shall include a report with respect to parole orders to which this Division applies in relation to the matters specified in that subsection.

1969.] Offenders Probation and Parole. [No. 3. (3) The Chief Parole Officer shall cause to be prepared and submitted to the Parole Board or other prescribed authority, or to the Chief or Principal Parole Officer, of another State or a Territory in which the parole order was made such reports upon, and information with respect to, any prisoner as that Board, authority or officer requires from time to time. .

39. The principal Act is amended by adding the ilarepd.

following section-

50P. (1) There shall be implied in every =tents

parole order a requirement that the prisoner— 214/earls'ole

(a)	report in person, or in writing, to the Chief Parole Officer within seventy-two hours after he comes into this State; and
(b)	report in person at such place, within such time and to such person as may, from time to time, be specified by the Chief Parole Officer by instrument in writing given or sent to the prisoner.

(2) Where the Chief or Principal Parole Officer of the State or Territory in which the parole order was made is of opinion, in the circumstances of the case, that any require- ment specified in subsection (1) of this section should be waived, he may notify the Chief Parole Officer and the prisoner in writing to that effect and thereupon the prisoner is not required to comply with that requirement unless and until he is directed to the contrary by the Chief or Principal Parole Officer of that State or Territory.

(3) Except where the Chief or Principal ri=ent

Parole Officer of the State or Territory in which officer.

the parole order was made informs the Chief

Parole Officer that the assignment of a parole

No. 3.] Offenders Probation and Parole. [1969. officer is not required, the Board or the Chief Parole Officer shall assign a parole officer to supervise the prisoner in this State during the parole period and may from time to time so assign another parole officer instead of the parole officer previously assigned.

S. 50Q

added. 40. The principal Act is amended by adding the

following section-

Cancellation.

etc., of parole	50Q. (1) The Board may, at any time before the expiration of the parole period after due consideration of any report by the Chief or Principal Parole Officer of the State or Territory in which the parole order was made, by order cancel, suspend, amend or vary the prisoner's parole and thereupon the parole order shall, for the purposes of this Part, be deemed to be cancelled, suspended, amended or varied as specified in the order, and as so amended or varied applies accordingly.
order.
(2) (a) A suspension of a prisoners's parole under subsection (1) of this section may be for a fixed or an indeterminate period as the Board thinks fit.

(b)

The Board may at any time cancel an

order made under subsection (1) of this section

suspending a prisoner's parole.

(c) Where the Parole Board or other prescribed authority of that State or Territory cancels any order suspending a prisoner's parole, the foregoing provisions of this sub- section ceases to apply in relation to that order.

(3) Where a prisoner's parole has been suspended under this section and during the period of the suspension the prisoner's parole has not been cancelled for the purposes of this Part of this Act whether by order of the Board or by the operation of subsection (6) of this section, then at the expiration of the period of

Offenders Probation and Parole. [No. 3. suspension of the prisoner's parole, or, if the order suspending the prisoner's parole is sooner cancelled upon such cancellation, the parole order again applies with such additional or varied requirements, if any, as the Board imposes and the prisoner shall be released on parole under the order.

1969.]

(4) Where a prisoner's parole is suspended by order of the Board, the Board may whenever necessary, by warrant signed by any two members of the Board, authorise any member of the Police Force or other officer to apprehend the prisoner and to convey him to a prison, lock-up or other place of detention specified in the warrant to be therein kept in custody for so long as the order suspending his parole remains in force and the warrant is a sufficient authority for the prisoner's apprehension and for his conveyance to the prison, lock-up or other place of detention specified in the warrant and for his detention therein during the period during which the order suspending his parole remains in force.

(5) Where an order is made under subsection (1) of this section, the Chief Parole Officer shall forthwith

(a)	cause to be sent to the Chief or Principal Parole Officer, or other pre- scribed officer, of the State or Territory in which the parole order was made, a copy of the order, together with such documents and information relating to the matter as he considers likely to be of assistance to any authority or officer in the State or Territory with respect to the order; and
(b)	cause a copy of the order to be sent to the prisoner and the parole officer assigned to supervise the person.

(6) Where the prisoner is sentenced to a =per

term of imprisonment in respect of any offence, conviction.

other than an offence against section fifty R of

No. 3.] Offenders Probation and Parole. [1969. this Act, committed during the parole period or where the prisoner's parole has been cancelled by, or under the provisions of, a law of the State or Territory in which he was released upon parole corresponding to subsection (2) of section forty-four of this Act, his parole is by force of this subsection cancelled for the purposes of this Part of this Act, notwithstand- ing that the parole period may already have elapsed.

Warrant for

return of	(7) Where a prisoner's parole is cancelled for the purposes of this Part of this Act whether by order of the Board or by the operation of subsection (6) of this section, the Board
prisoner to
other State.

(a)

may order that the prisoner be returned to the State or Territory in which he was released on parole either forthwith or at the expiration, or at any time before the expiration, of any term of imprisonment or detention which he is serving or to which he has been sentenced; and

(b)

may, for that purpose, by warrant in the prescribed form signed by any two members of the Board, whenever necessary authorise any member of the Police Force or other officer to appre- hend the prisoner and convey him to such prison, lock-up or other place of detention as may be specified in the warrant and direct that the prisoner be kept in custody in the prison, lock- up or other place of detention so specified and thereafter delivered into the custody of a member of the Police Force or other person to whom the Parole Board, or other prescribed authority, of the State or Territory in which the parole order was made, has directed a warrant, in this section referred to as an "interstate warrant", authorising the apprehension of the

1969.] Offenders Probation and Parole. [No. 3.

prisoner and directing that he be returned to a prison or institution in that State or Territory, as the case requires-

(i)    to serve the unexpired portion of his term of imprisonment, or detention; or

(ii)   in the case of a person who immediately prior to his release on parole was being detained during Her Majesty's pleasure, to be further so detained.

(8) A warrant issued pursuant to subsection (7) of this section may be executed according to its tenor but the warrant does not authorise the detention in custody of a person after the expiration of a period of fourteen days com- mencing on the day on which that person is taken into custody or commences to be detained under the warrant.

On production to a justice of an inter- state warrant, the justice, may make an endorsement as prescribed on the warrant authorising the execution thereof in this State and the interstate warrant when so endorsed

(9)

(a)	authorises the member of the Police Force of the State or Territory in which it was issued or other person to whom it is directed to take the prisoner into his custody and to return him to the State or Territory in which the interstate warrant was issued; and
(b)	authorises, for that purpose, the detention of the prisoner in a prison, lock-up or other place of detention for such period not exceeding fourteen days as may be specified in the endorsement to the interstate warrant pursuant to this subsection.

No. 3.] Offenders Probation and Parole. [1969.

Warrants for

imprison-	(10) Subject to subsection (12) of this section, where a prisoner's parole is cancelled for the purposes of this Part of this Act whether by order of the Board or by the operation of subsection (6) of this section, the Board may, where an order pursuant to sub- section (7) of this section is not made or, where made, has been discharged pursuant to sub- section (13) of this section, by warrant signed by two members of the Board authorise any member of the Police Force or other officer to apprehend the prisoner and convey him to such prison or institution as may be specified in the warrant to serve a period of imprisonment or detention equal to the unexpired portion of the term of imprisonment or detention which he was undergoing in the State or Territory in which he was released upon parole immediately prior to his release and as specified in the warrant, or where prior to his release on parole in that State or Territory he was being detained during Her Majesty's pleasure, to be further so detained and the warrant is sufficient authority for his apprehension and his conveyance to prison or an institution, accordingly.
ment of
prisoners.
(11) Subject to subsection (12) of this section, where a prisoner's parole is cancelled for the purposes of this Part of this Act whether by order of the Board or by operation of subsection (6) of this section, the Board may where an order under subsection (7) of this section is not made, or where made, has been discharged pursuant to subsection (13) of this section, issue a warrant of commitment for the prisoner's imprisonment or detention, as the case may require, in a prison or institution specified in the warrant

(a) for a period of imprisonment equal to the unexpired portion of that term where he was undergoing a term of imprisonment immediately prior to his release upon parole;

1969.] Offenders Probation and Parole. [No. 3.

(b)	for a period of detention equal to the unexpired portion of that term where he was undergoing detention for a period immediately prior to his release upon parole;
(c)	for his detention at Her Majesty's pleasure where he was being detained at Her Majesty's pleasure immediately prior to his release upon parole,

and the warrant is sufficient authority for his detention in that prison or institution accord- ingly.

(12)

The Board shall not deal with a prisoner under subsection (10) or (11) of this section unless it appears to the Board that the Parole Board, or other prescribed authority, of the State or Territory in which the prisoner was released upon parole does not require that he be returned to a prison or institution in that State or Territory to serve the unexpired portion of his term of imprisonment or detention or, in the case of a person who immediately prior to his release on parole was being detained during Her Majesty's pleasure, to be further so detained.

(13) Where an order has been made pursuant to subsection (7) of this section, the Board may, at any time before the expiration of a period of fourteen days commencing on the day on which the prisoner is taken into custody under the warrant, discharge the order and may thereupon deal with the prisoner as provided by subsections (10) and (11) of this section. .

following section- 41. The principal Act is amended by adding the !art.

50R. (1) A prisoner who at any time during =rig gents

the parole period fails to comply with an =4)	r.
express or implied requirement of the parole order, is guilty of an offence against this section.

No. 3.] Offenders Probation and Parole. [1969.

If at any time during the parole period it appears on complaint in writing to a justice that a prisoner has failed to comply with an express or implied requirement of the parole order, the justice may issue a summons requiring the prisoner to appear at a court of petty sessions at a time and place specified in the summons or may, if the complaint is in writing and on oath, issue a warrant for his arrest directing that he be brought before a court of petty sessions at a place specified in the warrant as soon as practicable, after his arrest.

(2)

(3) The court of petty sessions before which the prisoner is so required to appear or is so directed to be brought, as the case may be, has jurisdiction to hear and determine the com- plaint.

(4) If the court of petty sessions before which the prisoner appears or is brought pursuant to subsection (2) of this section, convicts the prisoner of an offence against this section, the court may, without prejudice to the continuation of the parole order, impose on him a fine not exceeding One hundred dollars or sentence him to imprisonment for a term not exceeding three months.

The conviction of a prisoner of an offence against this section does not limit the power of the Board by order to cancel, suspend, amend or vary the parole order pursuant to section fifty Q of this Act.

(5)

(6) Without prejudice to the provisions of subsection (6) of section fifty Q of this Act, a prisoner who is sentenced to another term of imprisonment in respect of an offence, other than an offence against this section, committed during the parole period is not on account of the conviction for that offence liable to be dealt with under this section.

1969.] Offenders Probation and Parole. [No. 3.

(7)

A prisoner who has been dealt with under the provisions of a law of another State or Territory corresponding to section forty-one A of this Act for failing to comply with a require- ment of the parole order is not liable to be dealt with under this section for the act or omission that constituted the failure to comply for which he was so dealt with.

(8)

The provisions of the Justices Act, 1902, so far as applicable and subject to such modifi- cations as circumstances require, extend and apply to and with respect to all complaints, summonses and warrants referred to in the foregoing provisions of this section.

(9) For the purposes of this section and section fifty Q of this Act, a court or the Board may presume that the person before the court or the Board is the prisoner in respect of whom the parole order was made unless that person adduces evidence that he is not the prisoner in respect of whom the parole order was made.

(10) Where any breach of a requirement of a parole order comes to the knowledge of the Chief Parole Officer, he shall give forthwith notice in writing of the breach to the Secretary to the Board and shall submit to him such reports upon and information with respect to the breach as the Secretary to the Board requires. .

13. 508

42. The principal Act is amended by adding the added.

following section-

Release on

50S. (1) The Board may release from prison upon parole a prisoner undergoing imprison-	parole after
cancellation.
ment or detention pursuant to this Part of this Act and the provisions of Part III of this Act shall subject to such modifications as circum- stances require be applicable to the parole order and to the prisoner during the parole period.

No. 3.] Offenders Probation and Parole. [1969.

(2) The Board may release a prisoner on parole notwithstanding that his parole has been cancelled on any prior occasion or occasions under the provisions of this Part of this Act in respect of the same term of imprisonment, detention for a period, or detention during Her Majesty's pleasure. .

8. 50T added. 43. The principal Act is amended by adding the

following section-

Persons on

parole	50T. If the parole period specified in a parole
deemed still

under	order elapses without
sentence.

(a)	the making of an order under this Part of this Act or under the law of the State or Territory in which the parole order was made cancelling the pris- oner's parole; or
(b)	the sentencing of the prisoner to another term of imprisonment for any offence by reason whereof his parole is cancelled by force of the provisions of this Part of this Act or of the law of the State or Territory in which he was released upon parole,

the prisoner for the purposes of this Part of

this Act

(c)	shall be regarded as having served his term of imprisonment, detention for a period, or detention during Her Majesty's pleasure in respect of which he was released on parole; and
(d)	by force of this section is wholly dis- charged therefrom or in the case of an habitual criminal, ceases to be such,

but until the parole so elapses or until he is otherwise discharged from his sentence of imprisonment, detention for a period, or deten- tion during Her Majesty's pleasure, a prisoner

1969.] Offenders Probation and Parole. [No. 3. released on parole shall for the purposes of this Part of this Act be regarded as being still under sentence or detention and as not having suffered the punishment to which he was sentenced or as not having undergone detention during the period for which he was ordered to be detained or, in the case of an habitual criminal as being an habitual criminal and liable to be further detained during Her Majesty's pleasure and no part of the time between his release on parole and his recom- mencing to serve the unexpired portion of his term of imprisonment or detention shall be regarded as time served in respect of that term. .

Division 3

44. The principal Act is amended by adding the	added.
S. 50U

following heading and section added.

Division 3.—General.

obationers

50U. (1) Where an interstate warrant of a kind referred to in subsection (1) of section

and

prisoners

in transit.

fifty H or subsection (1) of section fifty K or subsection (7) of section fifty Q of this Act, in this section referred to as an "interstate warrant", has been issued under a law of another State or a Territory and the person to whom the warrant relates is brought into this State in the custody of a person who appears to have been entitled under the authority of the warrant to have custody of that person in the State or Territory from which he is so brought that warrant authorises the member of the Police Force or other person to whom it is directed, for the purposes of conveying him to the State or Territory in which the warrant was issued, to take or keep the person to whom it relates in custody in this State.

(2) An interstate warrant is sufficient authority for the detention in custody of the person to whom it relates in a prison, lock-up or other place of detention.

No. 3.] Offenders Probation and Parole. [1969.

A person shall not be detained in custody under an interstate warrant after the expira- tion of five days from the time when the person was brought into the State in custody in pursuance of the warrant.

(3)

(4) An interstate warrant authorises a member of the Police Force or other person to whom the warrant is directed and all Police officers of this State to apprehend the person to whom the warrant relates if that person escapes from custody and return him to any custody in which he may be detained under the authority of the warrant. .

S. 50V added. 45. The principal Act is amended by adding the

following section

Proof of	50V. (1) A certificate under the hand of a
orders, ec.,
made ;at

another	member, secretary or other proper officer of a
State or	Parole Board, or other prescribed authority, of
Territory.
another State or a Territory purporting to record any order, determination or decision of the Board, or other authority, is evidence of that order, determination or decision, and of the making of the order, determination or decision.
(2) All courts, the Board and persons having, by law or consent of the parties, authority to hear, receive and examine evidence

(a) shall take judicial notice of the signature of every person who is or has been a member, secretary or other proper officer of a Parole Board, or other prescribed authority of another State or a Territory that is attached or appended to any document that is or relates to a probation or parole order made or having force and effect in that State or Territory; and

1969.] Offenders Probation and Parole. [No. 3.

(b) shall unless the contrary is proved, presume that every such signature is properly attached or appended thereto.

(3)

In proceedings under this Act relating to a probationer or a prisoner, a document under the hand of the Chief or Principal Probation Officer, or the Chief or Principal Parole Officer of the State or Territory in which the probation order, or parole order in question was made or where made in this State is in force and effect, setting forth matters relevant to the offence upon conviction for which the probation or parole order was made, the probationer's or prisoner's conduct subsequent to release upon probation or parole order, his antecedents and other matters relevant to his probation and parole shall be received by all courts and the Board as evidence of the matters set forth therein.

(4) All courts and the Board and persons having, by law or consent of the parties, authority to hear, receive and examine evidence

(a)

shall take judicial notice of the the signature of every person who is or has been the Chief or Principal Probation Officer, or the Chief or Principal Parole Officer, or other pre- scribed officer, of another State or a Territory, that is attached or appended to any document that relates to a probation or parole order made, or having force and effect, in that State or Territory or to a probationer or prisoner in respect of whom such an order is made; and

(b)

shall unless the contrary is proved, presume that every such signature is properly attached or appended there-

to. .

No. 3.] Offenders Probation and Parole. [1969.

S. 50W

added. 46. The principal Act is amended by adding the

following section-

Consultation

with respect	50W. (1) Except in special circumstances, of this Act with respect to a breach of a probation order, or a parole order, to which this Part of this Act relates, the Chief Probation Officer or the Chief Parole Officer, as the case may be
to breaches
of probation	before proceedings are taken under this Part
or parole
orders.

(a)	shall give notice thereof to the corres- ponding officer of the other State or Territory in which the probation order or parole order, as the case may be, was made;
(b)	shall invite that officer of the other State or Territory to make such report and recommendation, as he thinks fit, with respect to the proposed proceed- ings; and
(c)	shall give due consideration to any report and recommendation made under paragraph (b) of this sub- section.

(2) In any proceedings under this Part of this Act with respect to breaches of an order referred to in subsection (1) of this section, a court or the Board may take into consideration any report and recommendation made under paragraph (b) of that subsection. .

S. 51A

added. 47. The principal Act is amended by adding

after section fifty-one the following section-

Power to

take pro- 51A. (1) (a) Proceedings in respect of

ceedings. offences arising under Part II and Division 1 of Part IIIA of this Act may be taken by the Chief Probation Officer or by a person author- ised in writing in that behalf by that officer.

1969.] Offenders Probation and Parole. [No. 3. (b) A certificate under the hand of the Chief Probation Officer of an authorisation under this subsection is evidence of that authorisa- tion.

(2) (a) Proceedings in respect of offences arising under Part III and Division 2 of Part IIIA of this Act may be taken by a person authorised in that behalf by the Board either generally or in a particular case.

(b) A certificate under the hand of the Secretary to the Board of an authorisation under this subsection is evidence of that authorisation.