Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 13

Fixing of non-parole period otherwise than by sentencing court

13. Fixing of non-parole period otherwise than by sentencing court



(1) The failure of the sentencing court to fix a non-parole period in
accordance with section 11 does not invalidate the sentence but-



   (a)  the Court of Appeal in respect of a sentence imposed by the Supreme
        Court or the County Court; or

   (b)  the County Court in respect of a sentence imposed by the Magistrates'
        Court-

may, on the application of the offender or of the Secretary to the Department
of Justice fix a non-parole period in accordance with that section in any
manner in which the sentencing court might have done so.



(2) The Supreme Court may fix a non-parole period in accordance with section
11 in respect of a term of imprisonment or detention being served by-

   (a)  any person who at the commencement of this subsection is serving a
        sentence of imprisonment for the term of his or her natural life in
        respect of which a non-parole period had not been fixed; or

   (b)  any person who at that commencement is imprisoned in accordance with a
        pardon granted by the Governor under the royal prerogative of mercy or
        section 496 of the Crimes Act 1958, whether or not the Governor fixed
        a period during which the person was not eligible to be released on
        parole; or

   (c)  any person who at the commencement of section 7(1) of the Sentencing
        (Amendment) Act 1993 is serving a period of detention during the
        Governor's pleasure imposed under section 473 of the Crimes Act 1958
        (as in force before its repeal).

(3) The Supreme Court may fix a non-parole period under subsection (2) on the
application of the offender or of the Secretary to the Department of Justice
and it may do so as if it had just sentenced the offender to that term of
imprisonment or detention and, in the case of detention, as if the detention
were imprisonment for a term of not less than one year.

(4) For the purposes of Part VI of the Crimes Act 1958 sentence includes an
order made under subsection (2) and that Part applies, with any necessary
modifications, to an appeal against such an order as it applies to an appeal
against the sentence passed on a conviction.