Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:1_93:p1
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 1 cl 93 (pt 1/2)
Character Range: 515978–518707

93  Offenders already imprisoned when sentenced

Application of this section
 (1) This section applies if:
 (a) an offender is serving a term of imprisonment imposed under this Act for an offence; and
 (b) either:
 (i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or
 (ii) a court refused to fix a non‑parole period in relation to the sentence for the offence; and
 (c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and
 (d) the further sentence is not to be suspended in whole or in part.

Powers where offender is already serving a non‑parole period
 (2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:
 (a) the existing non‑parole period; and
 (b) the nature and circumstances of the offences mentioned in paragraphs (1)(a) and (c); and
 (c) the offender's history;
do one of the following things:
 (d) make an order confirming the existing non‑parole period;
 (e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;
 (f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.
 (3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.

Powers where offender is not already serving a non‑parole period
 (4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:
 (a) the nature and circumstances of the offences mentioned in paragraphs (1)(a) and (c); and
 (b) the offender's history;
do one of the following things:
 (c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;
 (d) if the court decides that a non‑parole period is not appropriate—refuse to fix a non‑parole period.

Requirements applying whether or not offender is already serving a non‑parole period
 (5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:
 (a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or
 (b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would