Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SENTENCING ACT 1991 - SECT 11

Fixing of non-parole period by sentencing court

    (1)     If a court sentences an offender to be imprisoned in respect of an offence for—

        (a)     the term of his or her natural life; or

S. 11(1)(b) amended by No. 48/1997 s. 28(1).

        (b)     a term of 2 years or more—

the court must, as part of the sentence, fix a period during which the offender is not eligible to be released on parole unless it considers that the nature of the offence or the past history of the offender make the fixing of such a period inappropriate.

S. 11(2) amended by No. 48/1997 s. 28(1)(2).

    (2)     If a court sentences an offender to be imprisoned in respect of an offence for a term of less than 2 years but not less than one year, the court may, as part of the sentence, fix a period during which the offender is not eligible to be released on parole.

S. 11(2A) inserted by No. 65/2016 s. 6.

    (2A)     However, a court must not fix under subsection (2) a non-parole period as part of a sentence of imprisonment if the court, in accordance with section 44, makes a community correction order in respect of the offender in addition to imposing the sentence of imprisonment.

    (3)     A non-parole period fixed under subsection (1) or (2) must be at least 6 months less than the term of the sentence.

    (4)     If a court sentences an offender to be imprisoned in respect of more than one offence, any period fixed under subsection (1) or (2) must be in respect of the aggregate period of imprisonment that the offender will be liable to serve under all the sentences then imposed.

S. 11A inserted by No. 52/2014 s. 8.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback