17Court may bar or limit eligibility for parole

17 Court may bar or limit eligibility for parole

(1)  This section does not apply to a sentence of imprisonment for the term of an offender's natural life.

(2)  A court that imposes a sentence of imprisonment on an offender, either on the conviction of the offender or on the determination of an appeal, or, on appeal, confirms the imposition of such a sentence, may order –

(a) that the offender is not eligible for parole in respect of that sentence; or

(b) that the offender is not eligible for parole in respect of that sentence before the expiration of such period as is specified in the order.

(2A)  [Section 17 Subsection (2A) inserted by No. 51 of 2017, s. 7, Applied:14 Dec 2018] A court that imposes a sentence of imprisonment on an offender may not make an order under subsection (2)(b) in respect of the offender if the court –

(a) makes in respect of the offender a community correction order; and

(b) orders that the operational period, within the meaning of section 42AM , of the community correction order is to commence at the end of the sentence of imprisonment.

(3)  The period specified in an order under subsection (2)(b) is not to be less than one-half of the period of that sentence.

(3A)  [Section 17 Subsection (3A) inserted by No. 25 of 2002, s. 4, Applied:01 Oct 2002] Where a court imposes a sentence of imprisonment and does not make an order under subsection (2) , the offender is not eligible for parole in respect of that sentence.

(4)  In exercising its discretion under subsection (2) , a court may have regard to such matters as it considers necessary or appropriate and, without limiting the generality of this, may have regard to all or any of the following:

(a) the nature and circumstances of the offence;

(b) the offender's antecedents or character;