Last updated 29 August 2016
Offenders can be declared convicted of a serious violent offence under pt 9A of the Penalties and Sentences Act 1992 (Qld) (Penalties and Sentences Act). This declaration is automatic where the offender has been sentenced to 10 years imprisonment or more for an offence listed in sch 1 of the Penalties and Sentences Act.
Offences in sch 1 include a wide range of violent and sex offences and also include bomb hoaxes, escaping from lawful custody, riot and dangerous operation of a vehicle. The sentencing court has the discretion to make a declaration when sentencing offenders to between five and ten years of imprisonment. The court can also make that declaration where an offender is sentenced to imprisonment, and the offence has involved serious violence against another person or the offence resulted in serious harm to another person.
In cases where the court has made such a declaration, the offender’s parole eligibility date is the lesser of 80% of the term of imprisonment or 15 years (or later if fixed by the court). The court may also fix a parole eligibility date in this instance, but it cannot be earlier than 80% of the term of imprisonment.