SENTENCING ACT 1995 - SECT 88

SENTENCING ACT 1995 - SECT 88

88 .         Concurrent, cumulative or partly cumulative terms

        (1)         An offender sentenced to a fixed term is to serve that term concurrently with any other fixed term that he or she is serving or has yet to serve, unless the sentencing court makes an order under subsection (3).

        (2)         An offender sentenced at the one time to one or more fixed terms is to serve those terms concurrently, unless the court makes an order under subsection (3).

        (3)         If at the time an offender is sentenced to a fixed term —

            (a)         the offender is serving or has yet to serve another fixed term imposed previously; or

            (b)         the offender is then also sentenced to serve another fixed term,

                the sentencing court may order that —

            (c)         the fixed term is to be served cumulatively on the other fixed term; or

            (d)         the fixed term is to be served partly concurrently with the other fixed term.

        (4)         If under subsection (3)(d) a court orders that a term is to be served partly concurrently with another fixed term, the court must specify the period of the other fixed term that is to be served before the partly concurrent term is to begin, but that period must not extend beyond the earliest date on which the offender could be released (whether on parole or not) in relation to the other fixed term.

        (5)         An offender sentenced to life imprisonment is to serve that sentence concurrently with any other term that he or she is serving or has yet to serve.

        [Section 88 amended: No. 57 of 1999 s. 6(3); No. 50 of 2003 s. 17; No. 29 of 2008 s. 22(2).]

[ 89A. ^1M         Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section inserted 1 Nov 2009. See endnote 1M.]