Fixing of non-parole period otherwise than by sentencing court
56 Fixing of non-parole period otherwise than by sentencing court
The failure of a sentencing court to fix a non-parole period under section 53(1) does not invalidate the sentence but the court may, on the application of the offender, the Commissioner, the CEO (Youth Justice) or the prosecutor, fix a non-parole period in accordance with that section in any manner in which the sentencing court might have done so.
A court may fix a non-parole period under section 53(1) in respect of a term of imprisonment being served by an offender who, at the commencement of this subsection, is serving a sentence of imprisonment to which that subsection applies in respect of which a non-parole period had not been fixed.
A court may fix a non-parole period under subsection (2) on the application of the offender, the Commissioner, the CEO (Youth
Justice) or the prosecutor and it may do so as if it had just sentenced the offender to the term of imprisonment.
Subsection (2) does not apply to a sentence of imprisonment imposed for the offence of murder if the sentence was imposed before the commencement of the Sentencing (Crime of Murder) and Parole
Reform Act 2003.
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