Crimes Legislation Amendment (Powers, Offences and Other Measures) Act 2015 (153 of 2015)

Schedule 7   Sentencing and parole

Part 4   Non-parole periods and recognizance release orders

Crimes Act 1914

10   Section 19AB

Repeal the section, substitute:

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) 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, as reduced by any remissions or reductions under section 19AA.

(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.