Australian Capital Territory Numbered Acts

CRIMES (SENTENCE ADMINISTRATION) ACT 2005 (NO. 59 OF 2005) - SECT 237

    (1)     The Minister must, subject to section 238 (Interstate transfer—prisoner's request to serve sentence in ACT), issue an order for the return transfer of a prisoner to a participating state or non-participating territory if—

        (a)     the prisoner was transferred to the ACT under an order issued under—

              (i)     the provision of the state interstate law corresponding to section 231 (Interstate transfer—order of transfer) or section 232 (8) (Interstate transfer—review of Magistrates Court decision); or

              (ii)     the Transfer of Prisoners Act 1983 (Cwlth), part 3; and

        (b)     as far as the Minister is aware, each complaint or information alleging an offence by the person against a law of the ACT or Commonwealth has been finally dealt with according to law and that the consequences set out in subsection (2) apply.

    (2)     For subsection (1) (b), the consequences are that—

        (a)     the prisoner did not become liable to serve any sentence of imprisonment in the ACT; or

        (b)     in any other case—the total period of imprisonment that the prisoner is liable to serve in the ACT (including any period of imprisonment under any translated sentence originally imposed by an ACT court) is shorter than the total period of imprisonment remaining to be served under—

              (i)     any translated sentence (other than a translated sentence originally imposed by an ACT court); and

              (ii)     any sentence of imprisonment to which the person is subject for an offence against a law of the Commonwealth or a non-participating territory.

    (3)     For subsection (1) (b), a complaint or information alleging an offence by the prisoner is taken to be finally dealt with if—

        (a)     the prisoner is tried for the offence, and—

              (i)     the time within which an appeal against the decision may be made, a review of the decision applied for, or a retrial ordered, has ended; and

              (ii)     any appeal or review has been decided or withdrawn, or any proceeding (including appeal) in relation to a retrial has been concluded; or

        (b)     the complaint or information is withdrawn, or a nolle prosequi (or similar instrument) is filed in relation to the offence.

    (4)     In deciding the period, or the total period, remaining to be served under a sentence or sentences of imprisonment mentioned in subsection (2) (b)—

        (a)     any entitlement to remissions is disregarded; and

        (b)     a period of imprisonment that includes a period to be served under an indeterminate sentence is taken to be longer than any period of imprisonment that does not include such a period; and

        (c)     if an ACT sentence of imprisonment that the prisoner became liable to serve in the ACT (other than a translated sentence) is cumulative with any translated sentence originally imposed by a court other than an ACT court, any translated sentence is taken—

              (i)     not to be a translated sentence; and

              (ii)     to be a sentence that the prisoner is liable to serve in the ACT.

    (5)     This section does not apply to a prisoner if the prisoner is subject to an indeterminate sentence (other than a translated sentence) imposed on the prisoner by an ACT court.