{"id":"tas:act-1994-096","name":"Criminal Code Amendment (Life Prisoners and Dangerous Criminals) Act 1994","slug":"criminal-code-amendment-life-prisoners-and-dangerous-criminals-act-1994","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"96 of 1994","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106216,"registerId":"tas-act-1994-096-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Criminal Code Amendment (Life Prisoners and Dangerous Criminals) Act 1994](/view/html/inforce/2026-04-12/act-1994-096) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on a day to be proclaimed.","sortOrder":2},{"sectionNumber":"Part 2","sectionType":"part","heading":"Criminal Code  Amended","content":"# Part 2 Criminal Code  Amended\n\n*\n\n**3.**   \n\nThe amendments effected by this Part have been incorporated into the authorised version of the [Criminal Code Act 1924](/view/html/inforce/2026-04-12/act-1924-069) .**\n\n**4.**   \n\nThe amendments effected by this Part have been incorporated into the authorised version of the [Criminal Code Act 1924](/view/html/inforce/2026-04-12/act-1924-069) .**\n\n**5.**   \n\nThe amendments effected by this Part have been incorporated into the authorised version of the [Criminal Code Act 1924](/view/html/inforce/2026-04-12/act-1924-069) .**\n\n**6.**   \n\nThe amendments effected by this Part have been incorporated into the authorised version of the [Criminal Code Act 1924](/view/html/inforce/2026-04-12/act-1924-069) .*","sortOrder":3},{"sectionNumber":"3.","sectionType":"section","heading":null,"content":"### 3.\n\n[Criminal Code Act 1924](/view/html/inforce/2026-04-12/act-1924-069)","sortOrder":4},{"sectionNumber":"4.","sectionType":"section","heading":null,"content":"### 4.\n\n[Criminal Code Act 1924](/view/html/inforce/2026-04-12/act-1924-069)","sortOrder":5},{"sectionNumber":"5.","sectionType":"section","heading":null,"content":"### 5.\n\n[Criminal Code Act 1924](/view/html/inforce/2026-04-12/act-1924-069)","sortOrder":6},{"sectionNumber":"6.","sectionType":"section","heading":null,"content":"### 6.\n\n[Criminal Code Act 1924](/view/html/inforce/2026-04-12/act-1924-069)","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Resentencing of existing life prisoners","content":"# Part 3 Resentencing of existing life prisoners","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Interpretation: Part 3","content":"### 7 Interpretation: Part 3\n\n> In this Part –\n> \n> > ***applicant*** means an existing life prisoner who has applied to the Supreme Court to be resentenced under this Part;\n> \n> > ***existing life prisoner*** means a person who –\n> > \n> > > > (a) is serving a life sentence and in respect of whom an order has not been made under [section 12BA (1) of the](/view/html/inforce/2026-04-12/act-1975-073#GS12BA@Gs1@EN) [Parole Act 1975](/view/html/inforce/2026-04-12/act-1975-073) ; and\n> > > \n> > > > (b) is not on parole;\n> \n> > ***life sentence*** means a sentence of imprisonment for the term of a person's natural life and ***life imprisonment*** has a corresponding meaning;\n> \n> > ***original sentence***, in relation to an existing life prisoner, means the life sentence that the prisoner is serving at the time the prisoner applies to be resentenced under this Part and ***originally sentenced*** has a corresponding meaning.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Right to apply for resentencing","content":"### 8 Right to apply for resentencing\n\n> > (1)  An existing life prisoner may apply to the Supreme Court to be resentenced.\n> \n> > (2)  An existing life prisoner who applies to be resentenced under this Part remains under the prisoner's original sentence until –\n> > \n> > > > (a) if no appeal is lodged against the sentence imposed by way of resentencing – the end of the appeal period; or\n> > > \n> > > > (b) if an appeal is lodged against the sentence imposed by way of resentencing – the determination of the appeal.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Resentencing","content":"### 9 Resentencing\n\n> > (1)  On an application under [section 8](#GS8@EN) [(1)](#GS8@Gs1@EN) the Supreme Court must resentence the applicant for the crime for which the applicant was originally sentenced to life imprisonment.\n> \n> > (2)  Notwithstanding [subsection (1)](#GS9@Gs1@EN) , an application under [section 8](#GS8@EN) [(1)](#GS8@Gs1@EN) may be withdrawn or discontinued by leave of the court.\n> \n> > (3)  For the purposes of [subsection (1)](#GS9@Gs1@EN) , the court has the same powers and duties it would have had if the applicant had been convicted by that court of the crime referred to in that subsection after the commencement of this Act.\n> \n> > (4)  [*\\[Section 9 Subsection (4) substituted by No. 44 of 2004, s. 26, Applied:16 Nov 2004\\]*](/view/html/inforce/2004-11-16/act-2004-044#GS26@EN) In resentencing an existing life prisoner under this Part –\n> > \n> > > > (a) the court is not to take into account the applicant's conduct as a life prisoner under the original sentence; but\n> > > \n> > > > (b) the court may take into account the term of any other sentence of imprisonment that the applicant, since becoming a life prisoner, has been subject to.\n> \n> > (5)  [*\\[Section 9 Subsection (5) inserted by No. 44 of 2004, s. 26, Applied:16 Nov 2004\\]*](/view/html/inforce/2004-11-16/act-2004-044#GS26@EN) If the court exercises its discretion under [subsection (4)(b)](#GS9@Gs4@Hpb@EN) , it may order that the sentence it imposes under [subsection (1)](#GS9@Gs1@EN) is to commence at a date later than the date on which the original sentence was imposed.\n> \n> > (6)  [*\\[Section 9 Subsection (6) inserted by No. 44 of 2004, s. 26, Applied:16 Nov 2004\\]*](/view/html/inforce/2004-11-16/act-2004-044#GS26@EN) [Subsection (5)](#GS9@Gs5@EN) applies despite anything to the contrary in the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) .","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Effect of resentencing","content":"### 10 Effect of resentencing\n\n> > (1)  When an existing life prisoner is resentenced, either pursuant to an application under this Part or upon the determination of an appeal in respect of that application –\n> > \n> > > > (a) the prisoner's original sentence is annulled; and\n> > > \n> > > > (b) subject to [paragraph (c)](#GS10@Gs1@Hpc@EN) , the sentence imposed on the prisoner by way of resentencing replaces that original sentence for all purposes; and\n> > > \n> > > > (c) [*\\[Section 10 Subsection (1) amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998\\]*](/view/html/inforce/1998-08-01/act-1997-059#JS1@Ja6@GC1@Hpa@EN) for the purposes of calculating, under the [Prison Act 1977](/view/html/inforce/2026-04-12/act-1977-019) , the prisoner's entitlement to a remission of the sentence imposed by way of resentencing, that sentence is taken to have been imposed on the date on which the prisoner was resentenced; and\n> > > \n> > > > (d) [*\\[Section 10 Subsection (1) amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998\\]*](/view/html/inforce/1998-08-01/act-1997-059#JS1@Ja6@GC1@Hpb@EN) for the purposes of calculating, under the [Corrections Act 1997](/view/html/inforce/2026-04-12/act-1997-083) , whether the prisoner's sentence imposed by way of resentencing has been completed, time during which the prisoner was released on parole before being resentenced is not to be taken into account.\n> \n> > (2)  Nothing in [subsection (1)](#GS10@Gs1@EN) is to be taken as impugning the lawfulness of the prisoner's original sentence.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Procedure","content":"### 11 Procedure\n\n> > (1)  An application under [section 8](#GS8@EN) [(1)](#GS8@Gs1@EN) is to be in writing.\n> \n> > (2)  A copy of an application under [section 8](#GS8@EN) [(1)](#GS8@Gs1@EN) is to be served on the Director of Public Prosecutions.\n> \n> > (3)  The Director of Public Prosecutions, or Counsel on the Director of Public Prosecutions' behalf, must appear for the Crown at the hearing of an application under [section 8](#GS8@EN) [(1)](#GS8@Gs1@EN) .\n> \n> > (4)  A court hearing an application under [section 8](#GS8@EN) [(1)](#GS8@Gs1@EN) is to proceed as if it were sentencing the applicant for the first time for the offence for which the applicant was originally sentenced.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Appeals","content":"### 12 Appeals\n\n> An applicant or the Attorney-General may, under [section 401 of the](/view/html/inforce/2026-04-12/act-1924-069#GS401@EN) [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) , appeal against the sentence imposed under [section 9](#GS9@EN) [(1)](#GS9@Gs1@EN) as if that sentence were the applicant's original sentence.","sortOrder":14},{"sectionNumber":"Part 4","sectionType":"part","heading":"Dangerous Criminals: Transitional Provisions","content":"# Part 4 Dangerous Criminals: Transitional Provisions","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Interpretation: Part 4","content":"### 13 Interpretation: Part 4\n\n> In this Part –\n> \n> > ***dangerous criminal*** means a person in respect of whom a declaration under [section 392 (1) of the](/view/html/inforce/2026-04-12/act-1924-069#GS392@Gs1@EN) [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) is in force;\n> \n> > ***unsentenced dangerous criminal*** means a dangerous criminal who –\n> > \n> > > > (a) has not been sentenced to a term of imprisonment for the crime by reason of which he or she was declared to be a dangerous criminal; and\n> > > \n> > > > (b) is not on release on parole under the [Parole Act 1975](/view/html/inforce/2026-04-12/act-1975-073) .","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Right of unsentenced dangerous criminal to apply for sentencing","content":"### 14 Right of unsentenced dangerous criminal to apply for sentencing\n\n> An unsentenced dangerous criminal may apply to the Supreme Court to be sentenced to a term of imprisonment for the crime for which he or she was declared to be a dangerous criminal.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Sentencing of unsentenced dangerous criminals","content":"### 15 Sentencing of unsentenced dangerous criminals\n\n> > (1)  On an application under [section 14](#GS14@EN) the Supreme Court must sentence the applicant for the crime for which the applicant was declared to be a dangerous criminal.\n> \n> > (2)  Notwithstanding [subsection (1)](#GS15@Gs1@EN) , an application under [section 14](#GS14@EN) may be withdrawn or discontinued by leave of the court.\n> \n> > (3)  For the purposes of [subsection (1)](#GS15@Gs1@EN) , the court has the same powers and duties it would have had if the applicant had been convicted by that court of the crime referred to in that subsection after the commencement of this Act.\n> \n> > (4)  In sentencing an applicant under this Part the court must not take into account the applicant's conduct as a prisoner during the period that the applicant has been a dangerous criminal.\n> \n> > (5)  [Sections 11](#GS11@EN) and [12](#GS12@EN) apply to an application under this Part as if it were an application under [Part 3](#HP3@EN) .","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Effect of unsentenced dangerous criminal remaining unsentenced","content":"### 16 Effect of unsentenced dangerous criminal remaining unsentenced\n\n> Until an unsentenced dangerous criminal is sentenced under this Part, the eligibility of that dangerous criminal to be –\n> \n> > > (a) considered for release on parole; or\n> > \n> > > (b) released on parole –\n> \n> is to be determined in accordance with the [Parole Act 1975](/view/html/inforce/2026-04-12/act-1975-073) as in force immediately before the commencement of this Act.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Provision relating to dangerous criminals on parole","content":"### 17 Provision relating to dangerous criminals on parole\n\n> > (1)  This section applies to a person who, on the commencement of this Act, is a dangerous criminal in respect of whom an order has been made under [section 14 of the](/view/html/inforce/2026-04-12/act-1975-073#GS14@EN) [Parole Act 1975](/view/html/inforce/2026-04-12/act-1975-073) as in force immediately before that commencement.\n> \n> > (2)  The [Parole Act 1975](/view/html/inforce/2026-04-12/act-1975-073) as in force immediately before the commencement of this Act continues to apply to a person to whom this section applies until the declaration by which the person acquired the status of a dangerous criminal is discharged under [section 393 (3) of the](/view/html/inforce/2026-04-12/act-1924-069#GS393@Gs3@EN) [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) .","sortOrder":20}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: providing a transitional mechanism for resentencing existing life prisoners and sentencing unsentenced dangerous criminals following amendments to the Criminal Code. The 2004 amendments (noted in sections 9(4)-(6)) refined the resentencing discretion but did not expand the Act beyond its core transitional function."},"complexity_factors":["Multiple cross-references to other Acts (Criminal Code, Parole Act 1975, Prison Act 1977, Corrections Act 1997, Sentencing Act 1997) requiring knowledge of external statutory schemes","Nested definitions in Part 3 ('existing life prisoner' has two conjunctive conditions, each with sub-conditions)","Conditional timing rules for sentence commencement and appeal periods (sections 8(2), 9(5), 10(1))","Amendment history notes embedded in text indicating substituted and inserted subsections (sections 9(4)-(6), 10(1)(c)-(d))","Part 2 is essentially a placeholder stating amendments have been 'incorporated' elsewhere, creating a fragmented reading experience","Interaction between resentencing and remission calculations under different prison/corrections legislation (section 10(1)(c)-(d))"],"plain_english_summary":"This law creates a one-off process for certain prisoners serving life sentences in Tasmania to apply for a new sentence. It also deals with prisoners declared 'dangerous criminals' who were never actually sentenced to prison time.\n\n**What it does:**\n\n**Part 3 — Resentencing life prisoners**\n- Allows prisoners already serving life sentences (natural life, meaning until they die) to ask the Supreme Court to give them a new sentence with a fixed end date.\n- The court must resentence them as if they were being sentenced for the first time today, but **cannot** consider how they've behaved in prison since their original sentence.\n- The court **can** consider other prison sentences they've served since becoming a life prisoner, and may delay when the new sentence starts if it does so.\n- Once resentenced, the original life sentence is cancelled and replaced by the new sentence.\n- The prisoner or the Attorney-General can appeal the new sentence.\n\n**Part 4 — Dangerous criminals who were never sentenced**\n- Some prisoners were declared 'dangerous criminals' but were never actually given a prison sentence. This Part lets them apply to the Supreme Court to be properly sentenced.\n- Like Part 3, the court cannot consider their prison conduct during the time they were declared dangerous criminals.\n- Those already on parole continue under the old parole rules until their 'dangerous criminal' status is removed.\n\n**Who it affects:**\n- Existing life prisoners in Tasmania who haven't been declared eligible for parole under the old system.\n- Prisoners declared 'dangerous criminals' under the Criminal Code who were never sentenced.\n\n**Why it matters:**\nThis was a transitional law to fix a legal gap. It gave prisoners serving indefinite sentences (life without parole, or dangerous criminal status without actual sentencing) a chance to get fixed-term sentences under newer sentencing laws, while protecting public safety by ensuring the Director of Public Prosecutions appears in court and appeals are possible."},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to remain focused on its originally stated purpose — amending the Criminal Code in relation to life prisoners and dangerous criminals. There is no evidence from the extract that its scope has been broadened or narrowed from its original intent, though the existence of amending instruments since 1994 suggests refinements have been made over time."},"complexity_factors":["Deals with two distinct legal categories (life prisoners and dangerous criminals) each with potentially separate legal frameworks and procedures","Amendment legislation — meaning it modifies an existing Act (the Criminal Code), requiring cross-referencing to understand the full effect","Intersects with parole law, corrections law, and potentially human rights principles, creating multi-layered legal considerations","The threshold for 'dangerous criminal' classification typically involves judicial discretion and risk assessment, which is inherently complex","Full operative provisions are not visible in the extract, making complete analysis impossible and suggesting underlying detail may be significant","Has been in force since 1994 with amendments up to at least 2004, meaning the current operative effect requires tracing multiple changes over time"],"plain_english_summary":"This Tasmanian amendment alters Criminal Code rules affecting life prisoners and those declared dangerous, reshaping when and how such offenders can be reviewed, released, or kept confined. It targets the legal powers used to assess and manage ongoing risk.\n\nIt matters to life-sentenced inmates, declared dangerous offenders, their advisers and families, corrective services and courts, and the public’s safety and rights."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Compared with the prior regime, the Act expands judicial review and resentsencing options: existing life prisoners can seek fresh sentences and unsentenced persons declared dangerous can seek sentencing. It also changes how new sentences interact with parole and remission calculations and imposes procedural duties on applicants and the DPP, thereby broadening the circumstances in which the Supreme Court decides sentence outcomes and altering administrative responsibilities for corrections and prosecution agencies."},"complexity_factors":["Multiple cross‑references to other statutes (Parole Act 1975, Criminal Code, Sentencing Act, Prison Act) increasing interpretive interdependence","New procedural pathway (written application, service on DPP, DPP appearance) that imposes administrative duties on applicants, the DPP and courts (ss 8, 11)","Judicial discretions about resentencing powers equivalent to original sentencing and ability to backdate commencement of a new sentence (s 9(3), (5))","Substantive limits on evidence the court may consider (prohibition on considering conduct as a life prisoner; but allowance for other subsequent sentences) (s 9(4)–(5))","Detailed effects on sentence status and calculation rules for remission and parole (s 10(1)(c)–(d); ss 16–17) creating operational complexity for corrections administration","Appeal rights preserved for applicants and Attorney‑General, treating the new sentence as an original sentence for appeal purposes (s 12)","Transitional provisions distinguishing unsentenced dangerous criminals, dangerous criminals on parole, and timing of declarations (Part 4)","Commencement by proclamation and incorporation notes indicate staggered operational rollout and interaction with earlier statutory regimes (s 2; Part 2 notes)"],"plain_english_summary":"This Act lets people already serving life sentences apply to the Supreme Court to be resentenced, and lets persons declared “dangerous criminals” who have not yet been sentenced apply to be sentenced. It prescribes procedure for those applications, requires the Director of Public Prosecutions to be served and to appear, and sets how any new sentence replaces the original and how parole/remission is calculated.\n\nMechanically, the measure shifts certain sentencing decisions to fresh judicial proceedings and creates transitional parole rules for declared dangerous criminals."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/criminal-code-amendment-life-prisoners-and-dangerous-criminals-act-1994","history":"/api/acts/criminal-code-amendment-life-prisoners-and-dangerous-criminals-act-1994/history","analysis":"/api/acts/criminal-code-amendment-life-prisoners-and-dangerous-criminals-act-1994/analysis","conflicts":"/api/acts/criminal-code-amendment-life-prisoners-and-dangerous-criminals-act-1994/conflicts","importantCases":"/api/acts/criminal-code-amendment-life-prisoners-and-dangerous-criminals-act-1994/important-cases","documents":"/api/acts/criminal-code-amendment-life-prisoners-and-dangerous-criminals-act-1994/documents"}}