Terms used and calculations
85 Terms used and calculations
In this Part —
fixed term means a term that is not life imprisonment;
indefinite imprisonment means indefinite imprisonment imposed under Part 14;
mandatory minimum sentence, in relation to a prescribed offence, means —
in the case of an offence against The Criminal Code section 297, the minimum term of imprisonment required by that section if the offence is committed in prescribed circumstances as defined in subsection (8) of that section;
in the case of an offence against The Criminal Code section 318, the minimum term of imprisonment required by subsection (4)(a) or (b) of that section, whichever of those minimum terms is applicable to the circumstances of the offence;
in the case of an offence against the Road Traffic Act 1974 section 59, the minimum term of imprisonment required by subsection (4A)(a) of that section;
in the case of an offence against the Road Traffic Act 1974 section 59A, the minimum term of imprisonment required by subsection (4A)(a) of that section;
parole order means an order made under Part 3 of the Sentence Administration Act 2003 that a prisoner be released on parole and includes a parole order made for the purposes of section 72 or 73 of that Act;
parole term means —
a term to which a parole eligibility order applies; or
a translated sentence in respect of which a minimum term of imprisonment is deemed to have been fixed under the Prisoners (Interstate Transfer) Act 1983 section 26(1);
prescribed offence means any of the following offences, if the offence is committed by a person who, at the time of the commission of the offence, has reached 18 years of age —
an offence against The Criminal Code section 297, if the offence is committed in prescribed circumstances as defined in subsection (8) of that section;
an offence against The Criminal Code section 318, if the offence is committed in prescribed circumstances as defined in subsection (5) of that section;
an offence against the Road Traffic Act 1974 section 59 or 59A, if the offence is committed in the circumstance of aggravation referred to in section 49AB(1)(c) of that Act;
prescribed term means —
[(a) deleted]
a term imposed for a prison offence as defined in the Prisons Act 1981;
a term imposed for escaping lawful custody;
prisoner means a person (whether or not he or she is in custody) who has been sentenced to a term and who has not been discharged from that term, but does not include a person sentenced to suspended imprisonment or CSI, unless an order is made under section 80(1)(a) or (b);
release means release from custody;
term means a term of imprisonment imposed on an offender by a court as a sentence, whether a fixed term or life imprisonment, but does not include —
detention under a sentence imposed under section 279(5)(b) of The Criminal Code; or
indefinite imprisonment;
translated sentence has the meaning given in the Prisoners (Interstate Transfer) Act 1983 section 3(1).
For the purposes of this Part and Part 11 and for the purposes of the Sentence Administration Act 2003, the aggregate of 2 or more fixed terms is the total effective period of imprisonment imposed on the offender having regard to whether the fixed terms are to be served concurrently or partly concurrently or cumulatively.
For the purposes of this Part and of the Sentence Administration Act 2003, to calculate the length in days of one‑half of a fixed term —
determine the dates on which the term as imposed by the court will begin and end and then express the term as a number of days (T); and
then divide T by 2 and disregard any remainder.
In this Part and in the Sentence Administration Act 2003, a fixed term ends when the term as imposed by the court ends, and it does not matter if the prisoner has been released before then.
[Section 85 amended: No. 29 of 1998 s. 18; No. 50 of 2003 s. 16; No. 27 of 2004 s. 6(4); No. 29 of 2008 s. 22(1); No. 6 of 2014 s. 4; No. 32 of 2015 s. 4; No. 45 of 2016 s. 72.]
This provision refers to the regulations (prescribed offence
, prescribed circumstances
). Made under this Act:
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