15Custodial sentence: whether concurrent or cumulative

### 15 Custodial sentence: whether concurrent or cumulative > > (1)  [*\[Section 15 Subsection (1) amended by No. 16 of 2006, s. 37, Applied:01 Nov 2006\]*](/view/html/inforce/2006-11-01/act-2006-016#GS37@Hpa@EN) Except as provided in this section, an offender who is sentenced to a term of imprisonment must serve the sentence concurrently with any uncompleted sentence of imprisonment or detention period that the offender is then serving or liable to serve unless the court imposing the sentence directs otherwise. > > > (1A)  [*\[Section 15 Subsection (1A) inserted by No. 16 of 2006, s. 37, Applied:01 Nov 2006\]*](/view/html/inforce/2006-11-01/act-2006-016#GS37@Hpb@EN) If a court – > > > > > > (a) sentences an offender to a term of imprisonment and the offender is already serving or liable to serve a detention period; and > > > > > > > (b) determines that the sentence of imprisonment ought not to be served concurrently with the uncompleted detention period – > > > > the court may order that the sentence of imprisonment commence on the earliest release date in respect of the detention period. > > > (2)  An offender who is sentenced to a term of imprisonment for an escape offence or for non-payment of a fine must serve the sentence cumulatively on any uncompleted sentence of imprisonment, other than a sentence of life imprisonment, that the offender is then serving or liable to serve. > > > (3)  An offender who is sentenced to a term of imprisonment for a prison offence must serve the sentence cumulatively on any uncompleted sentence of imprisonment that the offender is then serving or liable to serve unless the court imposing the sentence directs otherwise because of exceptional circumstances. > > > (4)  If a court sentences an offender to a term of imprisonment for an offence against a law of Tasmania and the offender is already serving or liable to serve a sentence of imprisonment for an offence against a law of the Commonwealth, the court must direct when the new term of imprisonment is to commence. > > > (5)  For the purposes of [subsection (4)](#GS15@Gs4@EN) , the new term of imprisonment is to commence no later than immediately after – > > > > > > (a) the completion of the sentence for the Commonwealth offence if a non-parole period or pre-release period, as defined in [Part 1B of the](/view/html/inforce/2026-04-12/act-1914-999#) [Crimes Act 1914](/view/html/inforce/2026-04-12/act-1997-059) of the Commonwealth, was not fixed in respect of it; or > > > > > > > (b) the end of that period if a non-parole period or pre-release period was fixed. > > > (6)  [*\[Section 15 Subsection (6) amended by No. 44 of 2004, s. 46, Applied:16 Nov 2004\]*](/view/html/inforce/2004-11-16/act-2004-044#GS46@EN) This section has effect despite anything to the contrary in this Act or any other enactment other than [section 9(5) of the](/view/html/inforce/2026-04-12/act-1994-096#GS9@Gs5@EN) [Criminal Code Amendment (Life Prisoners and Dangerous Criminals) Act 1994](/view/html/inforce/2026-04-12/act-1994-096) .