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Remission of sentences for offences committed both before and on or after 1 July 2014

Prisons Act 1933

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—(1) This section applies to a prisoner whose sentence of imprisonment (not including any default sentence) consists of terms of imprisonment imposed for offences committed both before 1 July 2014, and on or after 1 July 2014.(2) The prisoner is, upon the prisoner’s admission to prison, entitled to have his or her sentence remitted in accordance with Division 2 as modified by subsections (3), (4), (5) and (6).(3) When a remission order is made by the Commissioner under section 50I in respect of a prisoner to whom this section applies, the remainder of the prisoner’s sentence is to be worked out as follows instead of in accordance with section 50K(2) or (3), as the case may be:(a)first, work out the portion (in days) of the prisoner’s aggregate sentence that has not been served;(b)second, apportion the total time (in days) the prisoner spent serving his or her aggregate sentence among each of his or her consecutive terms of imprisonment (including default sentences) such that each sentence is served in the same proportion;(c)third, work out the portion (in days) of any default sentence which has not been served under paragraph (b);(d)fourth, for an offence committed before 1 July 2014, work out the portion (in days) of the sentence which has not been served under paragraph (b);(e)fifth, add the portions of the prisoner’s sentences worked out under paragraphs (c) and (d);(f)sixth, subtract the portion of the prisoner’s sentences worked out under paragraph (e) from the portion of the prisoner’s sentence worked out under paragraph (a).Illustration A prisoner is sentenced to 9 years’ imprisonment for offence A, committed before 1 July 2014, and 6 years’ imprisonment for offence B, committed after 1 July 2014. Offence B is not an offence under section 50Y(1) and the sentence for offence B does not include any enhanced sentence under section 50T(1)(a). The sentences are ordered to run consecutively and to take effect from 1 January 2015. The Commissioner makes a remission order under section 50I on 1 January 2025, the day after the day where the prisoner has served two‑thirds of his or her sentence. The time the prisoner spent serving his or her sentence (10 years) will be apportioned between offences A and B such that the prisoner has served the same proportion of each sentence, i.e. 6 years of the sentence for offence A and 4 years of the sentence for offence B. The portion of the sentence for offence A which has not been served (3 years) will be remitted. The portion of the sentence for offence B which has not been served (2 years) will be the remainder of the prisoner’s sentence, which is suspended until the remission order expires, whereupon it will be remitted.(4) Where a prisoner has served 20 years or more of his or her sentence on 1 July 2014, the Minister must review the prisoner’s case in accordance with section 50J as soon as practicable after 1 July 2014.(5) If the Minister directs the Commissioner to make a remission order under section 50J, the remainder of the prisoner’s sentence is to be worked out as follows instead of in accordance with section 50K(4):(a)first, work out the portion (in days) of the prisoner’s aggregate sentence which has not been served —(i)starting on the date of the remission order made under section 50J; and(ii)ending on the day immediately before the day on which the Commissioner would have been required to make a remission order under section 50I in respect of the prisoner if the Minister had not directed the Commissioner to make a remission order under section 50J;(b)second, work out the portion (in days) of the prisoner’s aggregate sentence which has not been served —(i)starting on the day on which the Commissioner would have been required to make a remission order under section 50I in respect of the prisoner if the Minister had not directed the Commissioner to make a remission order under section 50J; and(ii)ending on the day the prisoner would have been released from prison had no remission order was made in respect of the prisoner;(c)third, apportion the portion of the prisoner’s aggregate sentence worked out under paragraph (b) between each consecutive term of imprisonment (including default sentences) to which the prisoner was sentenced such that the same proportion of each sentence has not been served;(d)fourth, work out the portion (in days) of all sentences (other than default sentences) for offences committed on or after 1 July 2014 as apportioned under paragraph (c);(e)fifth, add the portion of the prisoner’s sentence worked out under paragraph (a) to the portion of the prisoner’s sentence worked out under paragraph (d).Illustration A prisoner is sentenced to 18 years’ imprisonment for offence A, committed before 1 July 2014, and 15 years’ imprisonment for offence B, committed after 1 July 2014. Offence B is not an offence under section 50Y(1) and the sentence for offence B does not include any enhanced sentence under section 50T(1)(a). The sentences are ordered to run consecutively and to take effect from 1 January 2015. The Minister reviews the prisoner’s case on 1 January 2035, when the prisoner has served 20 years of his or her sentence and directs the Commissioner to make a remission order under section 50I on the same date. The Commissioner would have been required to make a remission order under section 50I on 1 January 2037, when the prisoner has served 22 years (two‑thirds) of his or her sentence. If the prisoner had continued to serve his or her sentence until the Commissioner made a remission order on that date, the portion of the prisoner’s sentence of 33 years which would have not been served would be 11 years. This would be apportioned proportionally between the sentences for offences A and B, such that 6 years of the sentence for offence A has not been served and 5 years for offence B has not been served. The portion for offence A which has not been served (6 years) will be remitted. The portion for offence B (5 years) which has not been served will be added to the portion of the prisoner’s sentence from the date on which the Minister directs the Commissioner to make the remission order under section 50I to the day on which the Commissioner would have been required to make a remission order under section 50I (2 years). The aggregate term (7 years) so determined would be suspended and would be remitted when the remission order expires.(6) The following portions of a prisoner’s sentence are remitted:(a)the portion of any default sentence as worked out under subsection (3)(c) or (5)(c);(b)the portion of any sentence for an offence committed before 1 July 2014, as worked out under subsection (3)(d) or (5)(c).

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