Prisons Regulations · 2002 Revised Edition · Part 5 · Remission of Sentences
74. Serious and minor breaches of mandatory aftercare conditions
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The following are serious breaches of mandatory aftercare conditions for the purposes of section 50Y of the Act:
if as a result of one or more breaches of section 50V(3)(c) of the Act, the person fails, for a cumulative period of 24 hours, to remain indoors in accordance with that provision;
a breach of the mandatory aftercare condition in section 50V(3)(e)(i) of the Act;
a breach of the mandatory aftercare condition in section 50V(3)(e)(v) of the Act;
a breach of the mandatory aftercare condition in section 50V(3)(f) of the Act;
the sixth and every subsequent breach of any mandatory aftercare condition other than the mandatory aftercare condition mentioned in sub-paragraph (b), (c) or (d).
For the purposes of paragraph (1)(e), it is immaterial whether the first 5 breaches, and the subsequent breaches, are of the same mandatory aftercare condition or of different mandatory aftercare conditions.
For the purposes of section 50X of the Act, a breach of a mandatory aftercare condition that is not a serious breach of a mandatory aftercare condition is a minor breach of a mandatory aftercare condition.
Subregulation 1
The following are serious breaches of mandatory aftercare conditions for the purposes of section 50Y of the Act:
if as a result of one or more breaches of section 50V(3)(c) of the Act, the person fails, for a cumulative period of 24 hours, to remain indoors in accordance with that provision;
a breach of the mandatory aftercare condition in section 50V(3)(e)(i) of the Act;
a breach of the mandatory aftercare condition in section 50V(3)(e)(v) of the Act;
a breach of the mandatory aftercare condition in section 50V(3)(f) of the Act;
the sixth and every subsequent breach of any mandatory aftercare condition other than the mandatory aftercare condition mentioned in sub-paragraph (b), (c) or (d).
Subregulation 2
For the purposes of paragraph (1)(e), it is immaterial whether the first 5 breaches, and the subsequent breaches, are of the same mandatory aftercare condition or of different mandatory aftercare conditions.
Subregulation 3
For the purposes of section 50X of the Act, a breach of a mandatory aftercare condition that is not a serious breach of a mandatory aftercare condition is a minor breach of a mandatory aftercare condition.