77A Revocation of cancellation S. 77A inserted by (1) If the Board has cancelled a prisoner's parole it No. 15/2013 may at any time by a further order revoke the s. 3. cancellation. (2) The Board may by order revoke the cancellation of a prisoner's parole under section 77(6) if it is satisfied that exceptional circumstances exist. (3) A parole order revives on the making of the order revoking the cancellation of the parole. (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. 77B Return of prisoner to prison on cancellation of S. 77B inserted by parole No. 15/2013 s. 3. (1) If a prisoner's parole is cancelled or taken to be cancelled, the Board may— (a) authorise any police officer, by warrant S. 77B(1)(a) 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.
S. 77A inserted by No. 15/2013 s. 3. 77A Revocation of cancellation (1) If the Board has cancelled a prisoner's parole it may at any time by a further order revoke the cancellation. (2) The Board may by order revoke the cancellation of a prisoner's parole under section 77(6) if it is satisfied that exceptional circumstances exist. (3) A parole order revives on the making of the order revoking the cancellation of the parole. (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.
86-117a134.docx