SENTENCING ACT 1989 - SECT 13A Existing life sentences

This legislation has been repealed.

SENTENCING ACT 1989 - SECT 13A

13A Existing life sentences

(1) In this section:

"existing life sentence" means a sentence of imprisonment for life imposed before or after the commencement of this section, but does not include a sentence for the term of a person's natural life under section 19A of the Crimes Act 1900 or section 33A of the Drug Misuse and Trafficking Act 1985 .

"non-release recommendation", in relation to a person serving an existing life sentence, means a recommendation or observation, or an expression of opinion, by the original sentencing court that (or to the effect that) the person should never be released from imprisonment.

(2) A person serving an existing life sentence may apply to the Supreme Court for the determination of a minimum term and an additional term for the sentence.

(3) A person is not eligible to make such an application unless the person has served:

(a) at least 8 years of the sentence concerned, except where paragraph (b) applies, or

(b) at least 20 years of the sentence concerned, if the person was the subject of a non-release recommendation.

(3A) A person who is the subject of a non-release recommendation is not eligible for the determination of a minimum term and an additional term under this section, unless the Supreme Court, when considering the person's application under this section, is satisfied that special reasons exist that justify making the determination.

(4) The Supreme Court may, on application duly made for the determination of a minimum term and an additional term for a sentence:

(a) set both:

(i) a minimum term of imprisonment that the person must serve for the offence for which the sentence was originally imposed, and

(ii) an additional term during which the person may be released on parole (being either an additional term for a specified period or for the remainder of the person's natural life), or

(b) decline to determine a minimum term and an additional term.

(4A) In considering such an application, the Supreme Court is to have regard to all the circumstances surrounding the offence for which the life sentence was imposed, and all offences, wherever committed, of which the person has been convicted at any time (so far as this information is reasonably available to the Supreme Court).

(5) A minimum term set under this section is to commence on the date on which the original sentence commenced or, if the person was remanded in custody for the offence, the date on which the first such remand commenced.

(6) If the Supreme Court sets a minimum term and an additional term under this section, the sentence comprising those terms replaces the original sentence of imprisonment for life.

(7) A minimum term and an additional term set under this section are to be taken to have been set under this Part but are not required to comply with the other provisions of this Part.

(8) If the Supreme Court declines to determine a minimum term and an additional term, the Court may (when making that decision) direct that the person who made the application:

(a) never re-apply to the Court under this section, or

(b) not re-apply to the Court under this section for a specified period.

(8A) If the Court gives a direction under subsection (8) that a person may never re-apply to the Court under this section, the person is to serve the existing life sentence for the term of the person's natural life.

(8B) If the Court does not give a direction under subsection (8), the person may not re-apply within the period of 3 years from the date of the Court's decision to decline to determine a minimum term and an additional term.

(8C) A direction under subsection (8) that a person may never re-apply to the Court under this section or not re-apply for a period exceeding 3 years may be given only if:

(a) the person was sentenced for the crime of murder, and

(b) it is a most serious case of murder and it is in the public interest that the determination be made.

(9) The Supreme Court, in exercising its functions under this section, is to have regard to:

(a) the knowledge of the original sentencing court that a person sentenced to imprisonment for life was eligible to be released on licence under section 463 of the Crimes Act 1900 and of the practice relating to the issue of such licences, and

(b) any report on the person made by the Review Council and any other relevant reports prepared after sentence (including, for example, reports on the person's rehabilitation), being in either case reports made available to the Supreme Court, and

(c) the need to preserve the safety of the community, and

(d) the age of the person (at the time the person committed the offence and also at the time the Supreme Court deals with the application),

and may have regard to any other relevant matter.

(10) The regulations may make provision for or with respect to reports referred to in subsection (9), including provisions relating to the matters to be dealt with in reports and the making of reports available to the Supreme Court.

(10A) The Supreme Court, in exercising its functions under this section:

(a) must have regard to and give substantial weight to any relevant recommendations, observations and comments made by the original sentencing court when imposing the sentence concerned, and

(b) must give consideration to adopting or giving effect to their substance and the intention of the original sentencing court when making them, and

(c) must, to the extent that it declines to adopt or give effect to those matters, state its reasons for doing so.

(11) The Supreme Court may make a determination for a minimum term and an additional term for a sentence even though the Court was not the sentencing court, or the Court is not constituted in the same way as it was when the applicant was sentenced.

(12) An appeal lies to the Court of Criminal Appeal in relation to:

(a) the determination of a minimum term and an additional term under this section, or

(b) a decision to decline to make such a determination, or

(c) a direction that a person may never re-apply for such a determination or not re-apply for a period exceeding 3 years.

The Criminal Appeal Act 1912 applies to such an appeal in the same way as it applies to an appeal against a sentence.

(13) The reference in subsection (4A) to an offence of which a person has been convicted:

(a) includes:

(i) a finding that an offence has been proved without proceeding to a conviction against the person, or

(ii) any offence taken into account when sentence was passed against the person, but

(b) does not include:

(i) an offence that has been quashed or set aside within the meaning of Part 4 of the Criminal Records Act 1991 , or

(ii) an offence of a class or description prescribed by the regulations for the purposes of this paragraph.