CRIMES ACT 1914

Part IB - Sentencing, imprisonment and release of federal offenders  

Division 4 - The fixing of non-parole periods and the making of recognizance release orders  

SECTION 19AE   Persons already subject to recognizance release order  

(1)  
Where:


(a) a person is subject to a recognizance release order (in this section called the existing recognizance release order ) made in respect of a federal sentence or federal sentences; and


(b) before the person is released under that order, the court imposes a further federal sentence on the person;

this section applies.

(2)  
Where this section applies, the court must, after considering the relevant circumstances, including:


(a) the existing recognizance release order; and


(b) the nature and circumstances of the offence or offences concerned; and


(c) the antecedents of the person;

do one of the following things:


(d) make an order confirming the existing recognizance release order;


(e) make a new recognizance release order in respect of all federal sentences the person is to serve or complete;


(f) where, as a result of the further federal sentence being imposed, the person is to serve or to complete a federal life sentence or federal sentences the unserved portions of which, in the aggregate, exceed 3 years and the court decides that it is appropriate to fix a non-parole period - fix a single non-parole period in respect of all federal sentences the person is to serve or complete;


(g) where the court decides that, in the circumstances, neither a recognizance release order nor a non-parole period is appropriate - cancel the existing recognizance release order and decline to make a new recognizance release order.

(3)  
Where, under paragraph (2)(e), the court makes a new recognizance release order, that order:


(a) is to be treated as having superseded the existing recognizance release order; and


(b) must not be such as to allow the person to be released earlier than would have been the case if the further sentence had not been imposed.

(4)  
Where, under paragraph (2)(f), the court fixes a single non-parole period, it:


(a) is to be treated as having superseded the existing recognizance release order; and


(b) must not be such as to allow the person to be released on parole earlier than he or she would have been released if the further sentence had not been imposed.

(5)  
Where, under paragraph (2)(g), the court declines to make a new recognizance release order, the court must:


(a) state its reasons for deciding that neither a recognizance release order nor a non-parole period is appropriate; and


(b) cause the reasons to be entered in the records of the court.




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