Explanation of sentence 2M
34 Explanation of sentence 2M
A court sentencing an offender must, if the offender is personally present in court or appearing before the court by video link under section 14A, explain to the offender, in language likely to be understood —
the effect of; and
the obligations of the offender and the consequences of not complying with them that result from,
the sentence and any order in addition to the sentence.
If a court sentencing an offender imposes a fixed term (as defined in section 85), the court is to state in open court the minimum period that the offender, as a result of the sentence and the operation of this Act, will serve in custody in respect of the term or, if more than one term is imposed, in respect of the aggregate of the terms.
In complying with subsection (2) a court need not take account of any other sentence of imprisonment imposed previously on the offender which the offender is serving or has yet to serve.
[Section 34 amended: No. 48 of 1998 s. 15; No. 50 of 2003 s. 24.]
[Section 34: modified by the COVID-19 Response and Economic Recovery Omnibus Act 2020 (34 of 2020) Part. 4 Division 4 Subdivision 1: See endnote 2M.]
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