Marginal note:Warrant for apprehension and recommitment
136. A member of the Board or a person designated, by name or position, by the Chairperson of the Board or the Commissioner may, by warrant, authorize an offender’s apprehension and recommitment to custody if
(a) their parole is terminated or revoked or becomes inoperative under subsection 135(9.2); or
(b) their statutory release is terminated or revoked or they are no longer entitled to be released on statutory release as a result of a change to their statutory release date under subsection 127(5.1).
- 1992, c. 20, s. 136;
- 1995, c. 42, s. 51;
- 1997, c. 17, s. 33;
- 2012, c. 1, s. 91.
Marginal note:Execution of warrant
137. (1) A warrant of apprehension issued under section 11.1, 18, 118, 135, 135.1 or 136 or by a provincial parole board, or an electronically transmitted copy of such a warrant, shall be executed by any peace officer to whom it is given in any place in Canada as if it had been originally issued or subsequently endorsed by a justice or other lawful authority having jurisdiction in that place.
Marginal note:Arrest without warrant
(2) A peace officer who believes on reasonable grounds that a warrant is in force under this Part or under the authority of a provincial parole board for the apprehension of a person may arrest the person without warrant and remand the person in custody.
Marginal note:Where arrest made
(3) Where a person has been arrested pursuant to subsection (2), the warrant of apprehension, or an electronically transmitted copy thereof, shall be executed within forty-eight hours after the arrest is made, failing which the person shall be released.
- 1992, c. 20, s. 137;
- 1995, c. 42, s. 52;
- 1997, c. 17, s. 34.
Marginal note:Arrest without warrant — breach of conditions
137.1 A peace officer may arrest without warrant an offender who has committed a breach of a condition of their parole, statutory release or unescorted temporary absence, or whom the peace officer finds committing such a breach, unless the peace officer
(a) believes on reasonable grounds that the public interest may be satisfied without arresting the person, having regard to all the circumstances including the need to
(i) establish the identity of the person, or
(ii) prevent the continuation or repetition of the breach; and
(b) does not believe on reasonable grounds that the person will fail to report to their parole supervisor in order to be dealt with according to law if the peace officer does not arrest the person.
- 2012, c. 1, s. 92.
Marginal note:Serving balance of sentence
138. (1) Where the parole or statutory release of an offender is terminated or revoked, the offender shall be recommitted to custody and shall serve the portion of the sentence that remained unexpired on the day on which the parole or statutory release was terminated or revoked.
Marginal note:Effect of termination on parole and statutory release
(2) An offender whose parole or statutory release has been terminated is
(a) eligible for parole in accordance with section 120, 120.1, 120.2 or 120.3, as the case may be; and
(b) entitled to be released on statutory release in accordance with section 127.
Marginal note:No forfeiture of remission
(3) An offender whose parole or statutory release has been terminated is not liable to forfeit
Marginal note:Effect of revocation on parole
(4) An offender whose parole or statutory release has been revoked is eligible for parole in accordance with section 120, 120.1, 120.2 or 120.3, as the case may be.
(5) Notwithstanding sections 122 and 123, the Board is not required to conduct a review for the purpose of parole of the case of an offender referred to in subsection (4) within one year after the date on which the offender’s parole or statutory release is revoked.
Marginal note:Effect of revocation on statutory release
(6) Subject to subsections 130(4) and (6), an offender whose parole or statutory release has been revoked is entitled to be released on statutory release in accordance with subsection 127(5).
- 1992, c. 20, s. 138;
- 1995, c. 42, ss. 53, 70(E);
- 2004, c. 21, s. 40;
- 2012, c. 1, s. 93.
- Date modified: