Queensland Numbered Acts

CORRECTIVE SERVICES (NO BODY, NO PAROLE) AMENDMENT ACT 2017 - SECT 4

4 Insertion of new s 193A

After section 193—
insert—

193A Deciding particular applications where victim’s body or remains have not been located

(1) This section applies to a prisoner’s application for a parole order if the prisoner is serving a period of imprisonment for a homicide offence and—

(a) the body or remains of the victim of the offence have not been located; or

(b) because of an act or omission of the prisoner or another person, part of the body or remains of the victim has not been located.

(2) The parole board must refuse to grant the application under section 193 unless the board is satisfied the prisoner has cooperated satisfactorily in the investigation of the offence to identify the victim’s location.

(3) For subsection (2), the cooperation may have happened before or after the prisoner was sentenced to imprisonment for the offence.

(4) After receiving the application, the board must, by written notice, ask the commissioner for a report about the prisoner’s cooperation as mentioned in subsection (2).

(5) In its request, the parole board must state the day it proposes to hear the application (the
"proposed hearing day" ).

(6) The commissioner must comply with the request by giving the parole board, at least 28 days before the proposed hearing day, a written report that states whether the prisoner has given any cooperation as mentioned in subsection (2) and, if so, an evaluation of—

(a) the nature, extent and timeliness of the prisoner’s cooperation; and

(b) the truthfulness, completeness and reliability of any information or evidence provided by the prisoner in relation to the victim’s location; and

(c) the significance and usefulness of the prisoner’s cooperation.

(7) In deciding whether the parole board is satisfied about the prisoner’s cooperation as mentioned in subsection (2), the board—

(a) must have regard to—

(i) the report given by the commissioner under subsection (6); and

(ii) any information the board has about the prisoner’s capacity to give the cooperation; and

(iii) the transcript of any proceeding against the prisoner for the offence, including any relevant remarks made by the sentencing court; and

(b) may have regard to any other information the board considers relevant.

(8) In this section—

"homicide offence" means any of the following offences—

(a) an offence against any of the following provisions of the Criminal Code—

(i) section 236(2);

(ii) sections 302 and 305;

(iii) sections 303 and 310;

(iv) section 307;

(v) section 309;

(vi) section 314A;

(b) an offence of becoming an accessory after the fact to an offence mentioned in paragraph (a)(i), (iii), (v) or (vi);

(c) an offence of counselling or procuring the commission of, or conspiring to commit, an offence mentioned in paragraph (a) or (b);

(d) for a prisoner serving a period of imprisonment in Queensland for an offence against a law of another jurisdiction, having been transferred to Queensland under the Prisoners (Interstate Transfer) Act 1982 —an offence against a law of another jurisdiction that substantially corresponds to an offence mentioned in paragraph (a), (b) or (c).

"transcript" , of a proceeding, means a transcription of a record under the Recording of Evidence Act 1962 of the proceeding.

"victim’s location" means—

(a) the location, or the last known location, of every part of the body or remains of the victim of the offence; and

(b) the place where every part of the body or remains of the victim of the offence may be found.