4. Release for deportation

    (1) Where a deportation order is made in respect of a prisoner, the Parole Board shall, subject to subsection (2), furnish a written report to the Minister containing a recommendation as to whether or not an order for release should be made in respect of the prisoner.

    (2) The Parole Board shall not furnish a report under subsection (1) in respect of a prisoner (within the meaning of paragraph (a) of the definition of that term in section 3(1)) unless the circumstances are such that the prisoner could be released from prison on parole under an order made under the Sentence Administration Act 2003.

    (3) In a report furnished under subsection (1) the Parole Board shall give express attention to whether, if a deportation order had not been made in respect of the prisoner, the prisoner would have been considered suitable for release from prison, having regard to

    (a) the nature and circumstances of the offence in respect of which the prisoner is serving a term of imprisonment or is being detained during the Governor's pleasure;

    (b) the degree of risk that the release of the prisoner would have appeared to present to the community or to any individual in the community; and

    (c) such other matters as the Parole Board thinks fit.

    (4) Where a report furnished under subsection (1) contains a recommendation that an order for release be made in respect of a prisoner, the Governor may by order in writing direct that the prisoner be released from prison into the custody of a person or persons specified in the order for the purpose of deportation, and the prisoner shall be released accordingly.

    (5) An order for release

    (a) shall specify the period of time within which the prisoner is to be deported; and

    (b) is subject to such conditions, if any, as are specified in the order.

    (6) Notwithstanding section 20 of the Sentence Administration Act 2003, the Parole Board is not required to make an order directing that a prisoner be released from prison on parole if an order for release is in force in respect of that prisoner.

    [Section 4 inserted by No. 17 of 1991 s. 5; amended by No. 78 of 1995 s. 109; No. 50 of 2003 s. 29(3).]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.