Crimes Act 1914

Part IB - Sentencing, imprisonment and release of federal offenders

Division 4 - The fixing of non-parole periods and the making of recognizance release orders

SECTION 19AB When court must fix non-parole period

(1)
Subject to subsection (3) , a court must fix a single non-parole period in respect of a federal sentence or federal sentences if:

(a) a person is convicted of a federal offence, or of 2 or more federal offences at the same sitting; and

(b) the court imposes the sentence or sentences on the person; and

(c) either or both of the following subparagraphs apply:

(i) any of the sentences is a federal life sentence;

(ii) the sentences, in the aggregate, exceed 3 years; and

(d) when the court imposes the sentence or sentences, the person is not already serving or subject to a federal sentence.

(2)
Subject to subsection (3) , a court must fix a single non-parole period in respect of all federal sentences a person is to serve or complete if:

(a) while the person is in prison and is serving or subject to a federal sentence, the court imposes a further federal sentence on the person; and

(b) the result is that the person is to serve or to complete:

(i) a federal life sentence; or

(ii) federal sentences the unserved portions of which, in the aggregate, exceed 3 years; and

(c) when the court imposes the further federal sentence, the person is not already subject to a non-parole period or recognizance release order in respect of a federal sentence.

Non-parole period not appropriate

(3)
A court may decline to fix a non-parole period under this section if:

(a) the court is satisfied that a non-parole period is not appropriate, having regard to:

(i) the nature and circumstances of the offence or offences; and

(ii) the antecedents of the person; or

(b)

View history reference

the person is expected to be serving a State or Territory sentence on the day after the end of the federal sentence, or the last to be served of the federal sentences.

View history note

(4)
If the court declines to fix a non-parole period, the court must:

(a) state its reasons for so declining; and

(b) cause the reasons to be entered in the records of the court.

View history note

History

S 19AB substituted by No 153 of 2015, s 3 and Sch 7 item 10, applicable in relation to a federal sentence imposed on or after 27 November 2015. S 19AB formerly read:

SECTION 19AB When court must fix non-parole period or make a recognizance release order
(1)
Subject to subsection (3), where:

(a) a person is convicted of a federal offence, or of 2 or more federal offences at the same sitting; and

(b) a court imposes on the person a federal life sentence, or a federal sentence that exceeds, or federal sentences that, in the aggregate, exceed 3 years; and

(c) at the time the sentence or sentences are imposed, the person is not already serving or subject to a federal sentence;
the court must either:

(d) fix a single non-parole period in respect of that sentence or those sentences; or

(e) make a recognizance release order.

(2)
Subject to subsection (3), where:

(a) while a person is in prison and is serving or subject to a federal sentence, a further federal sentence is imposed on the person; and

(b) the result is that the person is to serve or to complete a federal life sentence or federal sentences the unserved portions of which, in the aggregate, exceed 3 years; and

(c) at the time the further federal sentence is imposed, the person is not already subject to a non-parole period or recognizance release order in respect of a federal sentence;
the court imposing the further sentence must either:

(d) fix a single non-parole period in respect of all federal sentences the person is to serve or complete; or

(e) make a recognizance release order.

(3)
Where, but for this subsection, a court would be required by this section to fix a non-parole period, or make a recognizance release order, in respect of a person, the court may decline to do either if, having regard to the nature and circumstances of the offence or offences concerned and to the antecedents of the person, the court is satisfied that neither is appropriate.

(4)
Where the court decides that neither a non-parole period nor a recognizance release order is appropriate, the court must:

(a) state its reasons for so deciding; and

(b) cause the reasons to be entered in the records of the court.

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