sec.864Application of s 797A to particular periods

sec.864 Application of s 797A to particular periods

Section 797A applies, and is taken always to have applied, as if the reference in section 797A(1) to a period included a reference to a period during the designated period. If section 797A(2)(a) or (b), as applied under subsection (1), applies in relation to a person for a period during the designated period, the period is— for the Penalties and Sentences Act 1992 —taken to be, and to have always been, imprisonment already served by the person under the sentence for the offence; or for the Corrective Services Act 2006 or the Youth Justice Act 1992 —counted, and is taken to have always been counted, as part of the person’s period of imprisonment or period of detention for the offence. See also the repealed Mental Health Act 2000 , section 543 in relation to particular periods taken to be imprisonment already served by a person or counted as part of a person’s period of imprisonment or detention for an offence. In this section— designated period means the period starting on 5 March 2017 and ending immediately before the commencement. s 864 prev s 864 exp 5 March 2018 (see s 864(4)) pres s 864 ins 2018 No. 5 s 164 (sec.864-ssec.1) Section 797A applies, and is taken always to have applied, as if the reference in section 797A(1) to a period included a reference to a period during the designated period. (sec.864-ssec.2) If section 797A(2)(a) or (b), as applied under subsection (1), applies in relation to a person for a period during the designated period, the period is— for the Penalties and Sentences Act 1992 —taken to be, and to have always been, imprisonment already served by the person under the sentence for the offence; or for the Corrective Services Act 2006 or the Youth Justice Act 1992 —counted, and is taken to have always been counted, as part of the person’s period of imprisonment or period of detention for the offence. See also the repealed Mental Health Act 2000 , section 543 in relation to particular periods taken to be imprisonment already served by a person or counted as part of a person’s period of imprisonment or detention for an offence. (sec.864-ssec.3) In this section— designated period means the period starting on 5 March 2017 and ending immediately before the commencement.

• (a) for the Penalties and Sentences Act 1992 —taken to be, and to have always been, imprisonment already served by the person under the sentence for the offence; or
• (b) for the Corrective Services Act 2006 or the Youth Justice Act 1992 —counted, and is taken to have always been counted, as part of the person’s period of imprisonment or period of detention for the offence.