'Special reasons' under s 13A(3A) of the Sentencing Act 1989 means reasons 'out of the ordinary, unusual and not to be expected', raising the threshold above ordinary grounds for redetermination. Rehabilitation alone does not constitute special reasons, though particularly marked rehabilitation coupled with other factors may do so. The 1997 amendments introducing the special reasons requirement for persons subject to non-release recommendations are constitutionally valid and do not vest incompatible functions in the Supreme Court.
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