Offender’s time in custody etc., information about
23 Offender’s time in custody etc., information about
When an offender is being sentenced for an offence the prosecutor must inform the court of the period, if any, that the offender has already spent in custody in relation to that offence and for no other reason.
If when an offender is being sentenced, he or she is already serving or sentenced to serve a term or terms of imprisonment, the prosecutor must inform the court of the date when the offender will be eligible to be released and whether the release will be on parole or not.
For the purposes of subsection (2) the date when an offender will be eligible to be released is to be determined without regard to the fact that an offender may be released under a re‑entry release order made under the Sentence Administration Act 2003.
The CEO (corrections), on the request of a prosecutor, must give the prosecutor the information necessary for the purposes of subsections (1) and (2).
[Section 23 amended: No. 50 of 2003 s. 29(3); No. 65 of 2006 s. 49.]
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.