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CRIMES ACT 1914 SECT 19AS
19AS Court to issue warrant of detention where person
required to serve balance of sentence
- (1)
- Where:
- (a)
- a person who is serving or is to serve a federal
sentence or federal sentences is released on parole or
licence under this Act; and
- (b)
- under section 19AQ,
because of the imposition of one or more federal State
or Territory sentences (in this subsection called the new
sentence or sentences ):
- (i)
- that parole order or licence is to be taken to
have been revoked; and
- (ii)
- the person becomes liable to serve that part of
each of the sentences referred to in paragraph (a)
(in this subsection called the outstanding
sentence or sentences ) that he or she had not
served at the time of release;
then:
- (c)
- the court imposing the new sentence or sentences
must issue a warrant authorising the person to be
detained in prison to undergo imprisonment for the
unserved part of the outstanding sentence or
sentences; and
- (d)
- the person must begin to serve the unserved part of
the outstanding sentence or of the first to be served
of the outstanding sentences on the day that the new
sentence is, or the new sentences are, imposed; and
- (e)
- the unserved part of the outstanding sentence or of
each of the outstanding sentences must be served in
the State or Territory where the new sentence is, or
the new sentences are, imposed.
- (2)
- Where the court fails to issue a warrant under paragraph (1)(c),
the Director of Public Prosecutions may apply to that
court for such a warrant.
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