Fixing of non-parole period by sentencing court
53 Fixing of non-parole period by sentencing court
(1) Subject to this section and sections 53AA, 53A, 55, 55A and 148, if a court sentences an offender to be imprisoned:
for life; or
for 12 months or longer, that is not suspended in whole or part;
it must, as part of the sentence, fix a period during which the offender is not eligible to be released on parole unless it considers that the nature of the offence, the past history of the offender or the circumstances of the particular case make the fixing of such a period inappropriate.
(1A) Subject to section 57, if a court sentences an offender to be imprisoned for less than 12 months or for a term that is suspended in whole or part, the court may not, as part of the sentence, fix a non-parole period.
(2) Where a court sentences an offender to be imprisoned in respect of more than one offence, a period fixed under subsection (1) is in respect of the aggregate period of imprisonment that the offender is liable to serve under all the sentences then imposed.
This Act’s bill:Second reading speech
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