Document ID: chunk:federal_register_of_legislation:C2004A04198:body:0:p18
Version: federal_register_of_legislation:C2004A04198
Segment Type: other
Provision Reference: 
Character Range: 44563–47377

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; and

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

the court imposing the further sentence 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) Where:

    (a)     the federal sentence or federal sentences referred to in paragraph (1) (b); or

    (b)     the unserved portions of the federal sentences referred to in paragraph (2) (b);

in the aggregate, do not exceed 6 months, the court is not required to make a recognizance release order.

"(4) Where, but for this subsection, a court would be required by this section to make a recognizance release order in respect of a person, the court may decline to do so 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 such an order is not appropriate.

"(5) Where the court decides that a recognizance release order is not 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.

Persons already subject to a non-parole period

  "19ad. (1) Where:

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

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

this section applies.

SCHEDULE—continued

"(2) Where this section applies, the court must, after considering the relevant circumstances, including:

  (a)     the existing non-parole period; and

    (b)     the nature and circumstances of the offence or offences concerned; and

(c)     the antecedents of the person; do one of the following things:

  (d)     make an order confirming the existing non-parole period;

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

     (f)     where the court decides that, in the circumstances, a non-parole period is not appropriate—cancel the existing non-parole period and decline to fix a new non-parole period.

"(3) Where, under paragraph (2) (e), the court fixes a new single non-parole period, it:

    (a)     is to be treated as having superceded the existing non-parole period;