S 21E repealed by No 153 of 2015, s 3 and Sch 7 item 7, effective 27 November 2015. S 21E formerly read:
SECTION 21E Director of Public Prosecutions may appeal against reductions where promised co-operation with law enforcement agencies refused
(1)
Where a federal sentence, or a federal non-parole period, is reduced by the court imposing the sentence or fixing the non-parole period because the offender has undertaken to co-operate with law enforcement agencies in proceedings, including confiscation proceedings, relating to any offence, the court must:
(a)
if the sentence imposed is reduced
-
specify that the sentence is being reduced for that reason and state the sentence that would have been imposed but for that reduction; and
(b)
if the non-parole period is reduced
-
specify that the non-parole period is being reduced for that reason and state what the period would have been but for that reduction.
(2)
Where:
(a)
a federal sentence is imposed or a federal non-parole period is fixed; and
(b)
the sentence or non-parole period is reduced because the offender has undertaken to co-operate with law enforcement agencies as described in subsection (1); and
(c)
after sentence, the offender, without reasonable excuse, does not co-operate in accordance with the undertaking;
the Director of Public Prosecutions may, at any time while the offender is under sentence, if the Director of Public Prosecutions is of the opinion that it is in the interests of the administration of justice to do so, appeal against the inadequacy of the sentence or of the non-parole period.
(3)
Where an appeal is begun under this section against the inadequacy of a sentence, or of a non-parole period, that was reduced because of a person's undertaking to co-operate with law enforcement agencies, the court hearing the appeal:
(a)
if it is satisfied that the person has failed entirely to co-operate in accordance with the undertaking
-
must substitute for the reduced sentence or reduced non-parole period the sentence, or non-parole period, that would have been imposed on, or fixed in respect of, the person but for that reduction; and
(b)
if it is satisfied that the person has failed in part to co-operate in accordance with the undertaking
-
may substitute for the reduced sentence or reduced non-parole period such a sentence, or such a non-parole period, not exceeding in length the sentence that could be imposed, or the non-parole period that could be fixed, under paragraph (a), as it thinks appropriate.
(4)
In subsection (1):
confiscation proceedings
includes:
(a)
proceedings for freezing orders, forfeiture orders, pecuniary penalty orders, literary proceeds orders and restraining orders under the
Proceeds of Crime Act 2002
; and
(b)
proceedings for forfeiture orders, pecuniary penalty orders and restraining orders under the
Proceeds of Crime Act 1987
; and
(c)
proceedings for restraining orders and pecuniary penalty orders under Part
XIII
of the
Customs Act 1901
.
History
Definition of
"
confiscation proceedings
"
amended by No 3 of 2010, s 3 and Sch 2 item 9, by inserting
"
freezing orders,
"
after
"
for
"
in para (a), effective 20 February 2010.
Definition of
"
confiscation proceedings
"
substituted by No 86 of 2002. The definition formerly read:
confiscation proceedings
includes a reference to proceedings for forfeiture orders, pecuniary penalty orders and restraining orders under the
Proceeds of Crime Act 1987
and to restraining orders and pecuniary penalty orders under Part
XIII
of the
Customs Act 1901
.
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