Australian Capital Territory Current Acts

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CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 244

Interstate transfer—operation of translated sentences generally

    (1)     If, in relation to a translated sentence, a court of the relevant participating state has fixed a minimum term of imprisonment (shorter than the translated sentence) during which the person subject to the sentence is not entitled to be released on parole, then, subject to this division, the minimum term is taken to have been fixed by the corresponding ACT court.

    (2)     If a translated sentence or a minimum term that is taken under subsection (1) to have been fixed by a corresponding ACT court—

        (a)     is amended or set aside on review by (or appeal to) a court of the relevant participating state—the sentence or minimum term is taken to have been amended to the same extent, or to have been set aside, by a corresponding ACT court; or

        (b)     is otherwise amended or ceases to have effect because of action taken by any entity in the participating state—the sentence is taken to have been amended to the same extent, or to have ceased to have effect, because of action taken by an appropriate ACT entity.

    (3)     This division does not permit in the ACT any appeal against or review of any conviction, judgment, sentence or minimum term made, imposed or fixed in relation to the person by a court of the participating state.



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