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 19AD   Persons already subject to a non-parole period  

(1)  
Where:


(a) a non-parole period (in this section called the existing non-parole period ) has been fixed in respect of a federal sentence or federal sentences; and


(b) while the offender is serving the existing non-parole period, a 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 non-parole period; 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 non-parole period;


(e) fix a new single non-parole period in respect of all federal sentences the person is to serve or complete;


(f) where the court decides that, in the circumstances, a non-parole period is not appropriate - cancel the existing non-parole period and decline to fix a new non-parole period.

(3)  
Where, under paragraph (2)(e), the court fixes a new single non-parole period, it:


(a) is to be treated as having superseded the existing non-parole period; and


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

(4)  
Where this section applies, the court must not make a recognizance release order.

(5)  
Where, under paragraph (2)(f), the court declines to fix a new non-parole period, the court must:


(a) state its reasons for deciding that a non-parole period is not appropriate; and


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


 

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