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CRIMES ACT 1914 SECT 19AD
19AD Persons already subject to a non-parole period
- (1)
- Where:
- (a)
- a non-parole period (in this section called the existing
non-parole period ) has been fixed in respect of a
federal sentence or federal sentences; and
- (b)
- while the offender is serving the existing
non-parole period, a court imposes a further federal
sentence on the person;
this section applies.
- (2)
- Where this section applies, the court must, after
considering the relevant circumstances, including:
- (a)
- the existing non-parole period; and
- (b)
- the nature and circumstances of the offence or
offences concerned; and
- (c)
- the antecedents of the person;
do one of the following things:
- (d)
- make an order confirming the existing non-parole
period;
- (e)
- fix a new single non-parole period in respect of all
federal sentences the person is to serve or complete;
- (f)
- where the court decides that, in the circumstances,
a non-parole period is not appropriate—cancel the
existing non-parole period and decline to fix a new
non-parole period.
- (3)
- Where, under paragraph (2)(e), the court fixes a
new single non-parole period, it:
- (a)
- is to be treated as having superseded the existing
non-parole period; and
- (b)
- must not be such as to allow the person to be
released on parole earlier then would have been the
case if the further sentence had not been imposed.
- (4)
- Where this section applies, the court must not make a
recognizance release order.
- (5)
- Where, under paragraph (2)(f), the court declines
to fix a new non-parole period, the court must:
- (a)
- state its reasons for deciding that a non-parole
period is not appropriate; and
- (b)
- cause the reasons to be entered in the records of
the court.
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