New South Wales Consolidated Acts

MENTAL HEALTH AND COGNITIVE IMPAIRMENT FORENSIC PROVISIONS ACT 2020 - SECT 64

64 Commencement of limiting terms

(1) A limiting term takes effect from when it is nominated unless--

(a) the court determines it is taken to have effect from an earlier time, after taking into account periods of the defendant's custody or detention before, during and after the special hearing that related to the offence, or

(b) the court directs that the term commence at a later time so as to be served consecutively with (or partly concurrently and partly consecutively with) some other limiting term nominated for the person or sentence of imprisonment imposed on the person.

(2) Before making a direction that the term commence at a later time, the court is to take into account the following--

(a) a sentence of imprisonment imposed in an ordinary trial of criminal proceedings may be subject to a non-parole period but a limiting term is not,

(b) in an ordinary trial of criminal proceedings, consecutive sentences of imprisonment are to be imposed with regard to non-parole periods.