A Griffiths remand under s 11 of the Crimes (Sentencing Procedure) Act 1999 may be granted even where a custodial sentence is required, for the purpose of assisting the court in fixing the non-parole period. The previous common law restriction from R v Tindall & Gunton — that such remands should only be granted where a non-custodial sentence would be appropriate — does not survive the statutory enactment in its full rigour. The remand must be to a specified date within 12 months of the finding of guilt, but failure to specify a date is a correctable defect, not a jurisdictional error.
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