QLDIn ForceAct
Penalties and Sentences Act 1992
sec.173Indefinite sentence discharged
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### sec.173 Indefinite sentence discharged
Unless it is satisfied that the offender is still a serious danger to the community when a review is made under section 171 or 172 , the court must—
order that the indefinite sentence is discharged; and
impose a sentence (a finite sentence ) on the offender under this Act for the qualifying offence for which the indefinite sentence was imposed.
If a court does not make an order under subsection (1) (a) , the indefinite sentence continues in force.
A finite sentence—
is taken to have started on the day the indefinite sentence was originally imposed; and
takes the place of the indefinite sentence; and
must be not less than the nominal sentence.
s 173 amd 2010 No. 34 s 42
(sec.173-ssec.1) Unless it is satisfied that the offender is still a serious danger to the community when a review is made under section 171 or 172 , the court must— order that the indefinite sentence is discharged; and impose a sentence (a finite sentence ) on the offender under this Act for the qualifying offence for which the indefinite sentence was imposed.
(sec.173-ssec.2) If a court does not make an order under subsection (1) (a) , the indefinite sentence continues in force.
(sec.173-ssec.3) A finite sentence— is taken to have started on the day the indefinite sentence was originally imposed; and takes the place of the indefinite sentence; and must be not less than the nominal sentence.
- (a) order that the indefinite sentence is discharged; and
- (b) impose a sentence (a finite sentence ) on the offender under this Act for the qualifying offence for which the indefinite sentence was imposed.
- (a) is taken to have started on the day the indefinite sentence was originally imposed; and
- (b) takes the place of the indefinite sentence; and
- (c) must be not less than the nominal sentence.