SENTENCING ACT 1989 - SECT 5 Minimum and additional terms

This legislation has been repealed.

SENTENCING ACT 1989 - SECT 5

5 Minimum and additional terms

(1) When sentencing a person to imprisonment for an offence, a court is required:

(a) firstly, to set a minimum term of imprisonment that the person must serve for the offence, and

(b) secondly, to set an additional term during which the person may be released on parole.

(2) The additional term must not exceed one-third of the minimum term, unless the court decides there are special circumstances.

(3) If a court sets an additional term that exceeds one-third of the minimum term, the court is required to state the reason for that decision.

(4) The minimum and additional terms set for an offence together comprise, for the purposes of any law, the term of the sentence of the court for the offence.