(4) The Board must not make an order revoking an order cancelling a prisoner's parole if a warrant has been issued under section 77B unless the Board is satisfied that the warrant will not be executed. S. 77B 77B Return of prisoner to prison on cancellation of inserted by parole No. 15/2013 s. 3. (1) If a prisoner's parole is cancelled or taken to be cancelled, the Board may— S. 77B(1)(a) (a) authorise any police officer, by warrant amended by signed by the Secretary or a member of the No. 37/2014 Board, to break, enter and search any place s. 10(Sch. item 32.12). where the prisoner is reasonably believed to be and to arrest the prisoner and return the prisoner to prison; or (b) whether or not a warrant is issued under paragraph (a), authorise the making of an application to a magistrate for a warrant— (i) authorising any police officer to break, S. 77B(1)(b)(i) amended by enter and search any place where the No. 37/2014 prisoner is reasonably believed to be s. 10(Sch. item 32.12). and to arrest the prisoner and return the prisoner to prison; or (ii) authorising any other officer to arrest the prisoner and return the prisoner to prison. (2) If a prisoner's parole is cancelled or taken to be cancelled— (a) the original warrant to imprison or other authority for the person's imprisonment is to be regarded as again in force; and (b) any period during which the parole order was in force is not to be regarded as time served in respect of the prison sentence unless a direction under section 77C applies.
(4) The Board must not make an order revoking an order cancelling a prisoner's parole if a warrant has been issued under section 77B unless the Board is satisfied that the warrant will not be executed. S. 77B inserted by No. 15/2013 s. 3. 77B Return of prisoner to prison on cancellation of parole (1) If a prisoner's parole is cancelled or taken to be cancelled, the Board may— S. 77B(1)(a) amended by No. 37/2014 s. 10(Sch. item 32.12). (a) authorise any police officer, by warrant signed by the Secretary or a member of the Board, to break, enter and search any place where the prisoner is reasonably believed to be and to arrest the prisoner and return the prisoner to prison; or (b) whether or not a warrant is issued under paragraph (a), authorise the making of an application to a magistrate for a warrant— S. 77B(1)(b)(i) amended by No. 37/2014 s. 10(Sch. item 32.12). (i) authorising any police officer to break, enter and search any place where the prisoner is reasonably believed to be and to arrest the prisoner and return the prisoner to prison; or (ii) authorising any other officer to arrest the prisoner and return the prisoner to prison. (2) If a prisoner's parole is cancelled or taken to be cancelled— (a) the original warrant to imprison or other authority for the person's imprisonment is to be regarded as again in force; and (b) any period during which the parole order was in force is not to be regarded as time served in respect of the prison sentence unless a direction under section 77C applies.
86-117a130.docx