Sentencing Act 2017

Subject to this section, when a court, on convicting a person of an offence, sentences the person to imprisonment, the court must—

if the person is not subject to an existing non‑parole period—fix a non‑parole period; or

if the person is subject to an existing non‑parole period—review the non‑parole period and extend it by such period as the court thinks fit (but not so that the period of extension exceeds the period of imprisonment that the person becomes liable to serve by virtue of the sentence, or sentences, imposed by the court); or

if the person is serving a minimum term imposed in respect of an offence under a law of the Commonwealth or is liable to serve such a term on the expiry of an existing non‑parole period—fix a non‑parole period in respect of the sentence, or sentences, to be served on the expiry of that minimum term.

If the sentence of imprisonment is imposed for an offence committed during a period of release on parole or conditional release from a previous sentence of imprisonment or detention, the court, in fixing a non‑parole period under subsection (1)(a), must have regard to the total period of imprisonment (or detention and imprisonment) that the person is, by virtue of the new sentence and the balance of the previous sentence, liable to serve.

If a prisoner is serving a sentence of imprisonment but is not subject to an existing non‑parole period, the sentencing court may, subject to subsection (5), fix a non‑parole period, on application by the prisoner or the presiding member of the Parole

The fact that the prisoner has completed a non‑parole period previously fixed in respect of the same sentence of imprisonment, or that a court has previously declined to fix a non‑parole period in respect of that sentence, does not preclude an application under subsection (3).

The above provisions are subject to the following qualifications:

a non‑parole period may not be fixed—

in respect of a person who is liable to serve a total period of imprisonment (or detention and imprisonment) of less than 12 months;

in respect of a person who is liable to serve a sentence in the community while subject to an intensive correction order;

if fixing a non‑parole period in respect of a person sentenced to life imprisonment for an offence of murder, the mandatory minimum non‑parole period prescribed in respect of the offence is

if a person who is subject to a sentence of life imprisonment is further sentenced to imprisonment by the Magistrates Court or the Youth Court, the question of whether a non‑parole period should be fixed or extended must be referred to the court by which the sentence of life imprisonment was imposed;

if fixing a non‑parole period in respect of a person sentenced to imprisonment for a serious offence against the person, the mandatory minimum non‑parole period prescribed in respect of the offence is four‑fifths the length of the sentence;

a court may, by order, decline to fix a non‑parole period in respect of a person sentenced to imprisonment if the court is of the opinion that it would be inappropriate to fix such a period because of—

the gravity of the offence or the circumstances surrounding the offence; or

the criminal record of the person; or

the behaviour of the person during any previous period of release on parole or conditional release; or

any other circumstance.

If—

a court sentences a person under section 26 to the 1 penalty for a number of offences; and

a mandatory minimum non‑parole period is prescribed (mandatory period) in respect of any of those offences, any non‑parole period to be fixed by the court under that section—

must be a period not less than the mandatory period prescribed in respect of the relevant offence; and

if there is more than 1 such offence in respect of which a mandatory period is prescribed—must be a period not less than the greater of any such mandatory period; and

must be commenced or be taken to have commenced on the date specified by the court (which may be the day on which the person was first taken into custody or a later date specified by the court that occurs after the day on which the defendant was taken into custody but before the day on which the person is sentenced).

The DPP or the presiding member of the Parole Board or the Training

The DPP must be notified of an application made by the presiding member of the Parole Board or Training Centre Review Board under this section.

In fixing or extending a non‑parole period, the court—

must, if the person in respect of whom the non‑parole period is to be fixed or extended is in prison or a training centre serving a sentence of imprisonment or detention, take into account the period already served;

in the case of an application by the DPP or the presiding member of the Parole Board or Training Centre Review Board under subsection (7), must have regard to—

the likely behaviour of the person the subject of the application should the person be released from custody; and

the necessity (if any) to protect some other person or persons generally should the person be released from custody; and

the behaviour of the person while in custody (but only insofar as it may assist the court to determine how the person is likely to behave should the person be released); and

such other matters as the court thinks relevant.

This section does not apply in relation to a person who is serving, or is liable to serve, a sentence of indeterminate duration.

The Parole Board or the Training Centre Review Board (as the case may require) must, at the request of a sentencing court, make a report to the court on any person in respect of whom the court proposes to fix or extend a non‑parole period.

For the purposes of this section—

a court that orders a suspended sentence of imprisonment to be carried into effect will be taken to have sentenced the person to whom the order relates to imprisonment; and

the person the subject of an application by the DPP or the presiding member of the Parole Board or Training Centre Review Board under this section is a party to the application and the DPP is a party to an application under subsection (3); and

a reference to an offence of murder includes—

an offence of conspiracy to murder; and

an offence of aiding, abetting, counselling or procuring the commission of murder; and

the sentencing court means—

if the prisoner is subject to a single sentence of imprisonment, or a number of sentences imposed by the 1 court or by a number of courts of coordinate jurisdiction—that court, or a court of coordinate jurisdiction; or

if the prisoner is subject to a number of sentences of imprisonment imposed by courts of different jurisdiction—the court of the highest jurisdiction or a court whose jurisdiction is coordinate with the jurisdiction of that court; and

a serious offence against the person means—

a major indictable offence (other than an offence of murder) that results in the death of the victim or the victim suffering total incapacity;

a conspiracy to commit an offence referred to in subparagraph (i); or

aiding, abetting, counselling or procuring the commission of an offence referred to in subparagraph (i); and

a victim suffers total incapacity if the victim is permanently physically or mentally incapable of independent function.