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SENTENCING ACT 1991 - SECT 13

Fixing of non-parole period otherwise than by sentencing court

S. 13(1) amended by Nos 45/1996 s. 18(Sch. 2 item 11.2), 65/2011 s. 8(1).

    (1)     The failure of the sentencing court to fix a non‑parole period in accordance with section 11 does not invalidate the sentence but—

S. 13(1)(a) amended by No. 19/1999 s. 16(3).

        (a)     the Court of Appeal in respect of a sentence imposed by the Supreme Court or the County Court; or

S. 13(1)(ab) inserted by No. 3/2016 s. 56(1).

        (ab)     in the case of a sentence imposed by the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder, the Trial Division of the Supreme Court; or

S. 13(1)(b) amended by No. 3/2016 s. 56(2).

        (b)     the County Court in respect of a sentence imposed by the Magistrates' Court, other than a sentence referred to in paragraph (ab)—

may, on the application of the offender or of the Secretary fix a non-parole period in accordance with that section in any manner in which the sentencing court might have done so.

S. 13(2) amended by No. 41/1993 s. 7(1)(i).

    (2)     The Supreme Court may fix a non-parole period in accordance with section 11 in respect of a term of imprisonment or detention being served by—

        (a)     any person who at the commencement of this subsection is serving a sentence of imprisonment for the term of his or her natural life in respect of which a non-parole period had not been fixed; or

S. 13(2)(b) amended by No. 41/1993 s. 7(1)(ii).

        (b)     any person who at that commencement is imprisoned in accordance with a pardon granted by the Governor under the royal prerogative of mercy or section 496 of the Crimes Act 1958 , whether or not the Governor fixed a period during which the person was not eligible to be released on parole; or

S. 13(2)(c) inserted by No. 41/1993 s. 7(1)(ii).

        (c)     any person who at the commencement of section 7(1) of the Sentencing (Amendment) Act 1993 is serving a period of detention during the Governor's pleasure imposed under section 473 of the Crimes Act 1958 (as in force before its repeal).

S. 13(3) amended by Nos 41/1993 s. 7(2), 45/1996 s. 18(Sch. 2 item 11.3), 48/1997 s. 28(2), 65/2011 s. 8(2).

    (3)     The Supreme Court may fix a non-parole period under subsection (2) on the application of the offender or of the Secretary and it may do so as if it had just sentenced the offender to that term of imprisonment or detention and, in the case of detention, as if the detention were imprisonment for a term of not less than one year.

S. 13(4) amended by No. 68/2009 s. 97(Sch. item 110.11).

    (4)     For the purposes of Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 "sentence" includes an order made under subsection (2) and that Part applies, with any necessary modifications, to an appeal against such an order as it applies to an appeal against the sentence passed on a conviction.



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