An Act to amend the Crimes (Sentencing Procedure) Act 1999 with respect to existing life sentences the subject of non-release recommendations; and for other purposes.
This Act is the Crimes (Sentencing Procedure) Amendment (Existing Life Sentences) Act 2005.
This Act commences on the date of assent.
The Crimes (Sentencing Procedure) Act 1999 is amended as set out in Schedule 1.
The Crimes (Administration of Sentences) Act 1999 is amended as set out in Schedule 2.
(Section 3)
Insert “, and includes any such recommendation, observation or expression of opinion that (before, on or after the date of assent to the Crimes (Sentencing Procedure) Amendment (Existing Life Sentences) Act 2005) has been quashed, set aside or called into question” after “imprisonment” in the definition of
Insert “or (3)” after “4 (1)” in clause 5 (1).
Omit clause 21 (2). Insert instead:
In particular, any such application that had been made before 8 May 1997 under section 13A of the 1989 Act but had not been determined as at the date of assent to the Crimes (Sentencing Procedure) Amendment (Existing Life Sentences) Act 2005, being an application made by an offender who is the subject of a non-release recommendation:
(a) is not to be determined until the offender has served at least 30 years of the existing life sentence to which the application relates, and
(b) is to be disposed of in accordance with clause 4 (3) of Schedule 1 to this Act, and not otherwise.
Omit the clause.
(Section 4)
Insert “, as in force from time to time” after “Schedule” in section 154A (4) (b).
Insert “, as in force from time to time” after “Schedule” in clause 62 (b).