Applications for determination of minimum terms for existing life sentences
21 Applications for determination of minimum terms for existing life sentences
Any application under section 13A of the 1989 Act that had been made, but not determined, before the appointed day is to be determined in accordance with Schedule 1 to this Act.
In particular, any such application that had been made before 8 May 1997 under section 13A of the 1989 Act but had not been determined as at the date of assent to the Crimes (Sentencing Procedure) Amendment (Existing Life Sentences) Act 2005, being an application made by an offender who is the subject of a non-release recommendation—
is not to be determined until the offender has served at least 30 years of the existing life sentence to which the application relates, and
is to be disposed of in accordance with clause 4 (3) of Schedule 1 to this Act, and not otherwise.
Any determination in force immediately before the appointed day under section 13A (4) of the 1989 Act, or made after the appointed day under that subsection, is taken to be a determination under clause 4 of Schedule 1 to this Act.
Any direction in force immediately before the appointed day under section 13A (8) of the 1989 Act, or given after the appointed day under that subsection, is taken to be a direction under clause 6 of Schedule 1 to this Act.
This Act’s bill:Explanatory memorandumSecond reading speech
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