60GFinal sentence

#### 60G Final sentence 60G Final sentence > > (1) A court may, after conducting a progress review— > > > > > (a) impose a final sentence on the offender, or > > > > > (b) decline to impose a final sentence on the offender. > > > (2) A court imposes a final sentence by— > > > > > (a) setting aside the provisional sentence and substituting instead another sentence as the final sentence for the offender, or > > > > > (b) confirming the provisional sentence as the final sentence for the offender. > > > (3) If the court sets aside the provisional sentence— > > > > > (a) the term of imprisonment imposed under the final sentence is not to exceed the term of imprisonment imposed under the provisional sentence, and > > > > > (b) the non-parole period (if any) set for the final sentence is not to exceed the non-parole period set for the provisional sentence, and > > > > > (c) the final sentence imposed is taken to have commenced on the day on which the provisional sentence commenced. > > > (4) Subject to this Division, this Part applies to a final sentence in the same way as it applies to an ordinary sentence. > > > (5) A final sentence is not subject to review and redetermination under this Division. > > > (6) A decision to decline to impose a final sentence on an offender is not a sentence and, accordingly, is not subject to appeal under the [Criminal Appeal Act 1912](/view/html/inforce/current/act-1912-016). > > > (7) A court that conducts a further progress review after having declined to impose a final sentence on an offender is to conduct that review as a fresh hearing in relation to the question of whether it is appropriate to impose a final sentence on the offender. > > **ss 60B–60I:** Ins 2013 No 7, Sch 1 \[1\].