Document ID: chunk:federal_register_of_legislation:C2004A03935:body:0:p16
Version: federal_register_of_legislation:C2004A03935
Segment Type: other
Provision Reference: 
Character Range: 38161–40749

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 non-parole period fixed, at the time of the imposition of the further sentence:

(a) is to be treated as having superseded the previous recognizance release order; and

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

When court must make a recognizance release order

"19ad. (1) Where:

    (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 on the person a sentence that does not exceed, or sentences that, in the aggregate, do not exceed, 3 years;

the court must make a recognizance release order in respect of the sentence or those sentences and must not fix a non-parole period.

"(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 federal sentences the unserved portions of which do not exceed, in the aggregate, 3 years;

the court must make a recognizance release order in respect of all federal sentences to be served or completed by the person and must not fix a non-parole period.

"(3) A recognizance release order made under subsection (2) shall 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.

Court may decline to fix non-parole period or to make recognizance release order in certain cases

"19ae. (1) Where:

   (a) at a particular time, a court would be required by section 19AB, 19ac or 19ad to fix a non-parole period, or make a recognizance release order, in relation to a person; and

   (b) at that time, the person is not already subject to a federal non-parole period;

the court is not required to fix a non-parole period, or make a recognizance release order, 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 it is not appropriate to do so.

"(2) Where a court decides, under this section, that it is inappropriate either to fix a non-parole period, or to make a recognizance release order, the court:

(a) shall state its reasons for so deciding; and

(b) shall