Court may reopen proceeding to correct sentencing errors
112 Court may reopen proceeding to correct sentencing errors
(1) Where a court has in, or in connection with, criminal proceedings (including a proceeding on appeal):
imposed a sentence that is not in accordance with the law; or
(b) failed to impose a sentence that the court legally should have imposed;
the court (whether or not differently constituted) may reopen the proceedings unless it considers the matter should more appropriately be dealt with by a proceeding on appeal.
Where a court reopens proceedings, it:
must give the parties an opportunity to be heard; and
may impose a sentence that is in accordance with the law; and
(c) may amend any relevant conviction or order to the extent necessary to take into account the sentence imposed under paragraph (b).
A court may reopen proceedings:
on its own initiative at any time; or
(b) on the application of a party to the proceedings made not later than:
28 days after the day the sentence was imposed; or
such further time as the court allows.
(4) An application for leave to make an application under subsection (3)(b)(ii) may be made at any time.
(5) Subject to subsection (6), this section does not affect any right of appeal.
(6) For the purposes of an appeal under any Act against a sentence imposed under subsection (3)(b), the time within which the appeal must be made starts from the day the sentence is imposed under subsection (2)(b).
(7) This section applies to a sentence imposed, or required to be imposed, whether before or after the commencement of this section.
This Act’s bill:Second reading speech
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