Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 11

Fixing of non-parole period by sentencing court

11. Fixing of non-parole period by sentencing court



(1) If a court sentences an offender to be imprisoned in respect of an offence
for-

   (a)  the term of his or her natural life; or

   (b)  a term of 2 years or more-



the court must, as part of the sentence, fix a period during which the
offender is not eligible to be released on parole unless it considers that the
nature of the offence or the past history of the offender make the fixing of
such a period inappropriate.

(2) If a court sentences an offender to be imprisoned in respect of an offence
for a term of less than 2 years but not less than one year, the court may, as
part of the sentence, fix a period during which the offender is not eligible
to be released on parole.

(3) A non-parole period fixed under subsection (1) or (2) must be at least 6
months less than the term of the sentence.

(4) If a court sentences an offender to be imprisoned in respect of more than
one offence, any period fixed under subsection (1) or (2) must be in respect
of the aggregate period of imprisonment that the offender will be liable to
serve under all the sentences then imposed.