10Effect of resentencing

10 Effect of resentencing

(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 –

(a) the prisoner's original sentence is annulled; and

(b) subject to paragraph (c) , the sentence imposed on the prisoner by way of resentencing replaces that original sentence for all purposes; and

(c) [Section 10 Subsection (1) amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] for the purposes of calculating, under the Prison Act 1977 , 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

(d) [Section 10 Subsection (1) amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] for the purposes of calculating, under the Corrections Act 1997 , 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.

(2)  Nothing in subsection (1) is to be taken as impugning the lawfulness of the prisoner's original sentence.