SENTENCING ACT 1989 - SECT 4 Definitions

This legislation has been repealed.

SENTENCING ACT 1989 - SECT 4

4 Definitions

(1) In this Act:

"additional term" means an additional term set under Part 2.

"Board" means the Parole Board constituted by this Act.

"court" includes a Judge, Magistrate and Justice.

"existing licence" means a licence to be at large:

(a) granted under section 463 of the Crimes Act 1900 before 12 January 1990 (being the day on which that section was repealed), and

(b) which was still in force immediately before the commencement of Schedule 1 (2) to the Prisons (Amendment) Act 1993 .

"fixed term" means a fixed term set under Part 2.

"licensee" means a person holding an existing licence.

"minimum term" means a minimum term set under Part 2.

"parole order" means an order made under this Act directing the release of a prisoner on parole.

"prison" and "prisoner" have the same meanings as in the Prisons Act 1952 .

"Review Council" means the Serious Offenders Review Council constituted by section 60 of the Prisons Act 1952 .

"serious offender" has the same meaning as in Part 10 of the Prisons Act 1952 .

(2) In this Act, a reference to a sentence of imprisonment to which a person is subject includes a reference to a sentence which has been imposed but which has not yet commenced.

(3) In this Act, a reference to a minimum or additional term or a fixed term is, if the term has been varied under the Prisons Act 1952 or the Children (Detention Centres) Act 1987 for a breach of discipline, a reference to the term as so varied.

(4) In this Act:

(a) a reference to a function includes a reference to a power, authority and duty, and

(b) a reference to the exercise of a function includes, if the function is a duty, a reference to the performance of the duty.