Document ID: chunk:federal_register_of_legislation:C2004A04198:body:0:p17
Version: federal_register_of_legislation:C2004A04198
Segment Type: other
Provision Reference: 
Character Range: 42079–44783

that, in the aggregate, exceed 3 years; and

    (c)     at the time the sentence or sentences are imposed, the person is not already serving or subject to a federal sentence;

the court must either:

    (d)     fix a single non-parole period in respect of that sentence or those sentences; or

  (e)     make a recognizance release order.

  "(2) Subject to subsection (3), 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 portions of which, in the aggregate, exceed 3 years; and

    (c)     at the time the further federal sentence is imposed, the person is not already subject to a non-parole period or recognizance release order in respect of a federal sentence;

the court imposing the further sentence must either:

    (d)     fix a single non-parole period in respect of all federal sentences the person is to serve or complete; or

  (e)     make a recognizance release order.

"(3) Where, but for this subsection, a court would be required by this section to fix a non-parole period, or make a recognizance release order, in respect of a person, the court may decline to do either 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 neither is appropriate.

"(4) Where the court decides that neither a non-parole period nor a recognizance release order is appropriate, the court must:

  (a)     state its reasons for so deciding; and

  (b)     cause the reasons to be entered in the records of the court.

When court must fix a recognizance release order

  "19ac. (1) Subject to subsections (3) and (4), 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 federal sentence that does not exceed, or federal sentences that, in the aggregate, do not exceed, 3 years; and

    (c)     at the time the sentence or sentences are imposed the person is not already serving or subject to a federal sentence;

SCHEDULE—continued

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

  "(2) Subject to subsections (3) and (4), 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