PENALTIES AND SENTENCES ACT 1992 - SECT 171
Review—periodic
PENALTIES AND SENTENCES ACT 1992 - SECT 171
Review—periodic
171 Review—periodic
(1) A court that imposes an indefinite sentence, or a court of like
jurisdiction—
(a) must for the first time review the indefinite sentence
within 6 months after an offender has served the period of time stated in
subsection (2) or (2A) ; and
(b) must review the indefinite sentence at
subsequent intervals of not more than 2 years from when the last review was
made.
(2) For subsection (1) (a) , the period of time the offender must have
served is—
(a) for an offender whose nominal sentence is life imprisonment
for an offence of murder—
(i) if the Criminal Code , section 305 (2) applies
on sentence—30 years; or
(ii) if the Criminal Code , section 305 (4)
applies on sentence—25 years; or
(iii) otherwise—20 years; or
(b) if the
offender’s nominal sentence is life imprisonment and paragraph (a) does not
apply—15 years; or
(c) if the offender’s nominal sentence is a term of
imprisonment other than life for an offence against the Criminal Code ,
section 314A —the lesser of the following—
(i) 80% of the offender’s
nominal sentence;
(ii) 15 years; or
(d) otherwise—50% of the offender’s
nominal sentence.
(2A) However, for subsection (1) (a) , if the indefinite
sentence is imposed on the offender as the base component of a sentence under
section 161R(2) , the period of time the offender must have served is worked
out by adding the relevant further period to the period of time the offender
would otherwise be required to have served under subsection (2) .
(3) Subject
to section 172, the director of public prosecutions must make any application
that is required to be made to cause the reviews mentioned in subsection (1)
to be carried out.
(4) A court that imposes an indefinite sentence for which
the nominal sentence is, under section 161E(2) , life imprisonment or a court
of like jurisdiction must for the first time review the indefinite sentence
within 6 months after the offender has served 20 years and not the 15 years or
50% of the nominal sentence as prescribed under a previous subsection.
(5) In
this section—
"relevant further period" , in relation to an offender whose indefinite
sentence is imposed as the base component of a sentence under section 161R(2)
, means the period of the mandatory component of the sentence imposed on the
offender under that section.
