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

Schedule 7   Sentencing and parole

Part 5   Rectification of errors in sentences, non-parole periods and recognizance release orders

Crimes Act 1914

17   After section 19AH

Insert:

19AHA Rectification of errors etc. in sentences, non-parole periods and recognizance release orders

(1) This section applies if a sentencing order made by a court under this Part in relation to a person:

(a) reflects an error of a technical nature made by the court; or

(b) has a defect of form; or

(c) contains an ambiguity.

Note: For paragraph (a), the following are examples of errors of a technical nature: a clerical mistake, an accidental slip or omission, a material miscalculation of figures or a material mistake in the description of a person, thing or matter.

(2) An error, defect or ambiguity mentioned in subsection (1) does not affect the validity of any sentence imposed on the person.

(3) The court may, on its own initiative, at any time, by order, amend the sentencing order to rectify the error, defect or ambiguity.

(4) The court must, at any time, on application by the Attorney-General, the Director of Public Prosecutions or the person, by order, amend the sentencing order to rectify the error, defect or ambiguity.

(5) The court may amend the sentencing order whether or not the court is constituted in the way in which it was constituted when the person was sentenced.

(6) An amendment of a sentencing order under this section does not affect any right of appeal against a sentence.

(7) Unless the court orders otherwise, an amendment of a sentencing order under this section is taken to have had effect from the date of effect of the sentencing order.

(8) In this section:

sentencing order means any of the following:

(a) an order imposing, or purporting to impose, a sentence;

(b) an order fixing a non-parole period;

(c) a recognizance release order.