s. 13 (2) If a court sentences an offender to be imprisoned S. 11(2) in respect of an offence for a term of less than amended by No. 48/1997 2 years but not less than one year, the court may, s. 28(1)(2). as part of the sentence, fix a period during which the offender is not eligible to be released on parole. (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. 12 References to non-parole period A reference in this or any other Act to a parole period includes a reference to a minimum term fixed in accordance with Part 3 of the Penalties and Sentences Act 1985 or any corresponding previous enactment. 13 Fixing of non-parole period otherwise than by sentencing court (1) The failure of the sentencing court to fix a S. 13(1) amended by parole period in accordance with section 11 does No. 45/1996 not invalidate the sentence but— s. 18(Sch. 2 item 11.2). (a) the Court of Appeal in respect of a sentence S. 13(1)(a) amended by imposed by the Supreme Court or the No. 19/1999 County Court; or s. 16(3). (b) the County Court in respect of a sentence imposed by the Magistrates' Court— may, on the application of the offender or of the Secretary to the Department of Justice fix a period in accordance with that section in
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. (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. 12 References to non-parole period A reference in this or any other Act to a period includes a reference to a minimum term fixed in accordance with Part 3 of the Penalties and Sentences Act 1985 or any corresponding previous enactment. 13 Fixing of non-parole period otherwise than by sentencing court s. 13 S. 13(1) amended by No. 45/1996 s. 18(Sch. 2 item 11.2). (1) The failure of the sentencing court to fix a period in accordance with section 11 does not invalidate the sentence but— S. 13(1)(a) amended by No. 19/1999 s. 16(3). (a) the Court of Appeal in respect of a sentence imposed by the Supreme Court or the County Court; or (b) the County Court in respect of a sentence imposed by the Magistrates' Court— may, on the application of the offender or of the Secretary to the Department of Justice fix a period in accordance with that section in parole parole
91-49a121.docx