(1) The failure of the sentencing court to fix a S. 13(1) parole period in accordance with section 11 does amended by Nos 45/1996 not invalidate the sentence but— s. 18(Sch. 2 item 11.2), 65/2011 s. 8(1). (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 fix a non-parole period in accordance with that section in any manner in which the sentencing court might have done so. (2) The Supreme Court may fix a non-parole period S. 13(2) amended by in accordance with section 11 in respect of a term No. 41/1993 of imprisonment or detention being served by— s. 7(1)(i). (a) any person who at the commencement of this subsection is serving a sentence of imprisonment for the term of his or her natural life in respect of which a non-parole period had not been fixed; or (b) any person who at that commencement is S. 13(2)(b) amended by imprisoned in accordance with a pardon No. 41/1993 granted by the Governor under the royal s. 7(1)(ii). prerogative of mercy or section 496 of the Crimes Act 1958, whether or not the Governor fixed a period during which the person was not eligible to be released on parole; or (c) any person who at the commencement of S. 13(2)(c) inserted by section 7(1) of the Sentencing No. 41/1993 (Amendment) Act 1993 is serving a period s. 7(1)(ii). of detention during the Governor's pleasure
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 (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 fix a non-parole period in accordance with that section in any manner in which the sentencing court might have done so. S. 13(2) amended by No. 41/1993 s. 7(1)(i). (2) The Supreme Court may fix a non-parole period in accordance with section 11 in respect of a term of imprisonment or detention being served by— (a) any person who at the commencement of this subsection is serving a sentence of imprisonment for the term of his or her natural life in respect of which a non-parole period had not been fixed; or S. 13(2)(b) amended by No. 41/1993 s. 7(1)(ii). (b) any person who at that commencement is imprisoned in accordance with a pardon granted by the Governor under the royal prerogative of mercy or section 496 of the Crimes Act 1958, whether or not the Governor fixed a period during which the person was not eligible to be released on parole; or S. 13(2)(c) inserted by No. 41/1993 s. 7(1)(ii). (c) any person who at the commencement of section 7(1) of the Sentencing (Amendment) Act 1993 is serving a period of detention during the Governor's pleasure parole
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