Australian Capital Territory Current Acts

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CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 219

Interstate transfer—person subject to sentence of imprisonment

    (1)     A reference in this part to a person "subject to" a sentence of imprisonment does not include a reference to a person who has completed serving the sentence.

    (2)     The following people on whom a sentence of imprisonment has been imposed are taken, for this part, to have completed serving the sentence:

        (a)     a person—

              (i)     who has been released from serving a part of the sentence on parole or on licence to be at large; and

              (ii)     in relation to whom action can no longer be taken under a law of the ACT, the Commonwealth, a participating state or a non-participating territory to require the person to serve all of part of the remainder of the sentence;

        (b)     a person—

              (i)     who has been released from serving all or part of the sentence on giving a relevant security; and

              (ii)     in relation to whom—

    (A)     action can no longer be taken under a law of the ACT, the Commonwealth, a participating state or a non-participating territory (a relevant law ) in relation to a breach of a condition of the security; or

    (B)     action cannot, because of the end of the security, be taken under a relevant law to require the person to serve all or part of the sentence;

        (c)     a person whose sentence, or the remaining part of whose sentence, has been remitted under section 313 (Remission of penalties);

        (d)     a person who has been pardoned under section 314 (Grant of pardons);

        (e)     a person who, because of the exercise of the prerogative of mercy, is no longer required to serve the sentence or the remaining part of the sentence.



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