(1) When an offender
is being sentenced for an offence the prosecutor must inform the court of the
period, if any, that the offender has already spent in custody in relation to
that offence and for no other reason.
(2) If when an
offender is being sentenced, he or she is already serving or sentenced to
serve a term or terms of imprisonment, the prosecutor must inform the court of
the date when the offender will be eligible to be released and whether the
release will be on parole or not.
(3) For the purposes
of subsection (2) the date when an offender will be eligible to be released is
to be determined without regard to the fact that an offender may be released
under a re-entry release order made under the Sentence Administration Act 2003
.
(4) The CEO
(corrections), on the request of a prosecutor, must give the prosecutor the
information necessary for the purposes of subsections (1) and (2).
[Section 23 amended: No. 50 of 2003 s. 29(3); No.
65 of 2006 s. 49.]