Australian Capital Territory Numbered Acts

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CRIMES (SENTENCE ADMINISTRATION) ACT 2005 (NO. 59 OF 2005) - SECT 247

Interstate transfer—default imprisonment for translated sentences

    (1)     This section applies if a person (the prisoner ) is serving a translated sentence by which default imprisonment was ordered.

    (2)     If this section applies, and any part of the default amount is paid by or on behalf of the prisoner to the person in charge of the prison where the prisoner is held—

        (a)     the term of default imprisonment is reduced by a period that bears to the term of default imprisonment the same proportion as the part paid bears to the total amount that was payable; and

        (b)     the prisoner is entitled to be released from detention at the end of the reduced period, subject to any other sentence of imprisonment; and

        (c)     the person in charge must send the amount paid to the corresponding Minister of the participating state where the translated sentence was originally imposed.

    (3)     If this section applies, and on review by (or appeal to) a court of the participating state where the default sentence was imposed, or because of any other action taken by any entity in the participating state—

        (a)     the default amount is reduced—

              (i)     the term of default imprisonment is reduced by a period that bears to the term of default imprisonment the same proportion as the amount of the reduction bears to the total of the default amount; and

              (ii)     the prisoner is entitled to be released from detention at the end of that reduced period, subject to any other sentence of imprisonment; or

        (b)     the obligation to pay the default amount is set aside—the prisoner is entitled to be released from detention immediately, subject to any other sentence of imprisonment.

    (4)     In this section:

"default amount", in relation to a sentence of default imprisonment, means the amount in default of payment of which the default imprisonment was ordered.



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