Area of Law – Sentencing
An Article about New non-parole period in criminal case
SENTENCING – Fixing a new non-parole period
The non-parole period is the part of the sentence after which an accused can be given parole. It is a matter for the determination of the Parole Board and is not controlled by the Courts. The Parole Board do not have to release someone as soon as their non-parole period is reached. They can choose to make them spend extra time in prison if they have mis-behaved, or for other reasons.
When a person is sentenced for further offending, the Judge needs to fix a new non-parole period
Section 14 of sentencing act 1991
Where a new single non-parole period is imposed for further offending the Judge should reduce the head sentence and non-parole date accordingly. They should not just make an order declaring the pre-sentence detention.
R v Stares 2002 4 VR 314*
All single non-paroles should be made to commence on the date on which they are fixed
R V Rich (no 2) (2002) 4 VR 155
The sentence of imprisonment is the custodial sentence: a new non-parole period is merely the period fixed during which there shall be no eligibility for parole
Power v R (1974) 131 CLR 623