PENALTIES AND SENTENCES ACT 1992 - SECT 160A
Application of ss 160B–160D
PENALTIES AND SENTENCES ACT 1992 - SECT 160A
Application of ss 160B–160D
160A Application of ss 160B–160D
(1) Sections 160Bto 160Dapply if a court is imposing a term of imprisonment
on an offender for an offence.
(2) Sections 160Bto 160Dare the only law
under which a court may, on sentence of an offender for an offence, make an
order relating to a person’s release on parole.
(3) A court can not, on sentence of an offender for an offence, make
a recommendation for a person’s release on parole.
(4) This section applies
subject to any express provision to the contrary, in an Act, about a
particular sentence.
Examples—
• Criminal Code , sections 305 (2) and
(4) and 314A (5) and (6)
• a provision providing that a minimum term of
imprisonment be served
(5) Also—
(a) a court can not fix a date under
sections 160Bto 160Dthat reduces the minimum period of imprisonment an
offender must serve under the Corrective Services Act 2006, section 181(2) ,
(2A) or (2B) , 181A, 182(2) or (2A) , 182A(3) or (3A) , 183(2) or (2B) or
185B(each a
"relevant provision" ); and
(b) no date fixed by the court under
sections 160Bto 160Dcan reduce the minimum period of imprisonment an
offender must serve under a relevant provision.
(6) Sections 160Bto 160Ddo
not apply if a court sentences an offender to a term of imprisonment and makes
any of the following orders under this Act for the offender—
(a) an
intensive correction order;
(b) a probation order mentioned in section 92(1)
(b) ;
(c) an order that the whole or a part of the term of imprisonment be
suspended.