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SENTENCING ACT 1991 - SECT 18H Review of indefinite sentence

SENTENCING ACT 1991 - SECT 18H

Review of indefinite sentence

    (1)     A court that imposes an indefinite sentence on an offender must review the sentence—

        (a)     on the application of the Director of Public Prosecutions, as soon as practicable after the offender has served the nominal sentence;

        (b)     on the application of the offender, at any time after the expiry of three years from the carrying out of the review under paragraph (a) and thereafter at intervals of not less than three years.

    (2)     The Director of Public Prosecutions must make the application to the court necessary for it to carry out the review required by subsection (1)(a) within the time specified in that subsection.

    (3)     The court must cause a copy of an application by an offender under subsection (1)(b) to be provided to the Director of Public Prosecutions as soon as practicable after it has been filed with the court.

    (4)     Within 10 working days after the date of filing of an application by an offender under subsection (1)(b), the court must give directions for its hearing and, subject to those directions, must hear the application within 25 working days after the date of filing.

    (5)     A court on a review need not be constituted by the same judge who constituted the court when it imposed the sentence.

S. 18I inserted by No. 41/1993 s. 9.