Last updated 23 September 2024

As part of the sentencing process, the court can declare that an offender has been convicted of a ‘serious violent offence’ (pt 9A Penalties and Sentences Act 1992 (Qld) (Penalties and Sentences Act)).

Schedule 1 of the Penalties and Sentences Act includes a wide range of violent and sexual offences and also other offences that have the potential to cause harm to another person including bomb hoaxes, escaping from lawful custody, riot and dangerous operation of a vehicle.

If an offender is sentenced to a period of imprisonment of 10 years or more in relation to an offence listed in sch 1 of the Penalties and Sentences Act, then the offender is automatically declared to be convicted of a serious violent offence.

If an offender is sentenced to a period of imprisonment between 5 and 10 years in relation to an offence listed in sch 1 of the Penalties and Sentences Act, or if an offender is sentenced to any period of imprisonment in relation to any offence involving serious violence or that resulted in serious harm to another person (regardless of whether it is an offence listed in sch 1 of the Penalties and Sentences Act),  then the sentencing court has the discretion to declare that the offender has been convicted of a serious violent offence. That discretion is unfettered, but must be exercised judicially and with regard to all relevant circumstances including the consequences of such a declaration (as discussed below).

If the court declares than an offender has been convicted of a serious violent offence then, unless another date is fixed by the court, the offender’s parole eligibility date is the day after the offender has served the lesser of:

  • 80% of the offender’s term of imprisonment or
  • 15 years.

The court may fix an offender’s parole eligibility date, however, it must not be sooner than the date equivalent to 80% of the term of the offender’s imprisonment.