Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:1_92
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 1 cl 92
Character Range: 514507–515978

92  Non‑parole periods for other offences
 (1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:
 (a) the sentence is to be suspended in whole or in part; or
 (b) the court is sentencing the offender to be imprisoned for life for the crime of murder; or
 (c) section 93 applies.
Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.
Note 2: Section 93 applies to further sentences imposed on certain offenders already serving terms of imprisonment.
 (2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:
 (a) the nature of the offence;
 (b) the history of the offender;
 (c) the circumstances of the case;
 (d) any other reason.
 (3) If the sentencing court refuses to fix a non‑parole period, the court must:
 (a) state its reasons for so refusing; and
 (b) cause the reasons to be entered in the records of the court.
 (4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.
 (5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.