44Court to set non-parole period

#### 44 Court to set non-parole period 44 Court to set non-parole period > > (1) Unless imposing an aggregate sentence of imprisonment, when sentencing an offender to imprisonment for an offence, the court is first required to set a non-parole period for the sentence (that is, the minimum period for which the offender must be kept in detention in relation to the offence). > > > (2) The balance of the term of the sentence must not exceed one-third of the non-parole period for the sentence, unless the court decides that there are special circumstances for it being more (in which case the court must make a record of its reasons for that decision). > > > (2A) Without affecting the requirement to set a non-parole period for a sentence, a court imposing an aggregate sentence of imprisonment in respect of 2 or more offences on an offender may set one non-parole period for all the offences to which the sentence relates after setting the term of the sentence. > > > (2B) The term of the sentence that will remain to be served after the non-parole period set for the aggregate sentence of imprisonment is served must not exceed one-third of the non-parole period, unless the court decides that there are special circumstances for it being more (in which case the court must make a record of its reasons for that decision). > > > (2C) The court need not indicate the non-parole period that would have been imposed for each offence had separate sentences been imposed instead of an aggregate sentence unless it is required to do so by section 54B. > > > (3) The failure of a court to comply with subsection (2), (2B) or (2C) does not invalidate the sentence. > > > (4) Schedule 1 has effect in relation to existing life sentences referred to in that Schedule. > > **s 44:** Subst 2002 No 90, Sch 1 \[3\]. Am 2010 No 136, Sch 2 \[3\]–\[5\]; 2013 No 78, Sch 1 \[1\].