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PENALTIES AND SENTENCES ACT 1992 - SECT 173
Indefinite sentence discharged
173 Indefinite sentence discharged
(1) Unless it is satisfied that the offender is still a serious danger to the
community when a review is made under section 171 or 172 , the court must—
(a) order that the indefinite sentence is discharged; and
(b) impose a
sentence (a
"finite sentence" ) on the offender under this Act for the qualifying offence
for which the indefinite sentence was imposed.
(2) If a court does not make
an order under subsection (1) (a) , the indefinite sentence continues in
force.
(3) A finite sentence— (a) is taken to have started on the day the
indefinite sentence was originally imposed; and
(b) takes the place of the
indefinite sentence; and
(c) must be not less than the nominal sentence.
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