s. 12 (5) In subsection (4) is— the relevant term (a) if a non-parole period is being fixed for a baseline offence, the sentence for that offence; and (b) if a non-parole period is being fixed in respect of a total effective sentence referred to in subsection (1)(b), that sentence. (6) Nothing in this section affects the fixing of a period for an offence that is not a baseline offence or in respect of a total effective sentence imposed in respect of 2 or more sentences, none of which is for a baseline offence. 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 or any Penalties and Sentences Act 1985 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 period in accordance with section 11 does Nos 45/1996 not invalidate the sentence but— s. 18(Sch. 2 item 11.2), 65/2011 s. 8(1). S. 13(1)(a) (a) the Court of Appeal in respect of a sentence amended by imposed by the Supreme Court or the No. 19/1999 County Court; or s. 16(3).
(5) In subsection (4) the relevant term is— (a) if a non-parole period is being fixed for a baseline offence, the sentence for that offence; and (b) if a non-parole period is being fixed in respect of a total effective sentence referred to in subsection (1)(b), that sentence. (6) Nothing in this section affects the fixing of a period for an offence that is not a baseline offence or in respect of a total effective sentence imposed in respect of 2 or more sentences, none of which is for a baseline offence. 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. 12 S. 13(1) amended by Nos 45/1996 s. 18(Sch. 2 item 11.2), 65/2011 s. 8(1). (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
91-49a170.docx