Document ID: chunk:federal_register_of_legislation:C2004A03935:body:0:p15
Version: federal_register_of_legislation:C2004A03935
Segment Type: other
Provision Reference: 
Character Range: 35764–38409

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

   (b) the court imposes on the person a life sentence, or a sentence or sentences exceeding, or exceeding in the aggregate, 3 years;

the court must fix a single non-parole period in respect of the sentence or sentences unless it makes a recognizance release order.

"(2) 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 portion or portions of which exceeds, or exceed in the aggregate, 3 years;

the court imposing the further sentence must fix a single non-parole period in respect of all federal sentences the person is to serve or complete unless it makes a recognizance release order.

"(3) A single non-parole period fixed under subsection (2) must not be such as to render the person eligible to be released earlier than would have been the case if the further sentence had not been imposed.

Persons already subject to a non-parole period or recognizance release order

"19ac. (1) Where:

   (a) a non-parole period (in this section called the 'previous non-parole period') has been fixed in respect of a federal sentence or federal sentences; and

   (b) while the offender is serving the non-parole period, a court imposes a further federal sentence on the person;

the court must fix a new single non-parole period in respect of all federal sentences the offender is to serve or complete and must not make a recognizance release order in respect of any of them.

"(2) The new single non-parole period fixed at the time of the imposition of the further sentence:

(a) is to be treated as having superseded the previous non-parole period; and

    (b) must not to be such as to allow the person to be released on parole earlier than would have been the case if the further sentence, had not been imposed.

"(3) Where:

   (a) a person is subject to a recognizance release order (in this section called the 'previous recognizance release order') made in respect of a federal sentence or federal sentences; and

   (b) before the person is released under that order, a court imposes a further federal sentence on the person;

the court must:

   (c) make a new recognizance release order in respect of all federal sentences the person is to serve or complete; or

   (d) if subsection 19ab (2) applies—fix a non-parole period in respect of all such sentences.

"(4) The new recognizance release order made, or