25Remission

25 Remission

(1)  For the purpose of section 86 of the Act, a remission of the whole or any part of a prisoner's sentence is not to –

(a) exceed 3 months if the period of imprisonment to which the remission relates is imposed after 1 January 1994; and

(b) exceed one-third of the total period of imprisonment to which a prisoner is sentenced; and

(c) operate so as to reduce the total period of imprisonment served by a prisoner to less than 3 months.

(2)  Remission of sentence is not to be granted to a prisoner who is –

(a) convicted of escape or attempted escape in respect of that part of the prisoner's sentence served up to and including the day on which the escape or attempted escape was made; or

(b) sentenced to a total period of imprisonment of 3 months or less.

(3)  The Director is not to grant a remission of sentence to a prisoner if that remission would operate to reduce the total period of imprisonment served by the prisoner in respect of that sentence to a period that is shorter than any non-parole period specified in an order made in respect of that prisoner under section 17(2)(b) of the Sentencing Act 1997 .

(4)  Remission of sentence is not to be granted to a sex offender prisoner in respect of a sentence for a sexual offence if –

(a) the sex offender prisoner has been given a reasonable opportunity to participate in appropriate treatment pursuant to section 31 of the Act; and

(b) the sex offender prisoner –

(i) has chosen not to participate in the appropriate treatment; or

(ii) has chosen to participate in the appropriate treatment but the participation has been unsatisfactory participation within the meaning of section 31 of the Act.