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Corrections Service (Amendment) Act 2019

REPUBLIC OF FIJI

CORRECTIONS SERVICE (AMENDMENT) ACT 2019

ACT NO. 29 OF 2019

J. K. KONROTE

President

[22 November 2019]

AN ACT

TO AMEND THE CORRECTIONS SERVICE ACT 2006

ENACTED by the Parliament of the Republic of Fiji—

Short title and commencement

1.—(1) This Act may be cited as the Corrections Service (Amendment) Act 2019.

(2) This Act comes into force on a date or dates appointed by the Minister by notice in the Gazette.

Section 27 amended

2. Section 27 of the Corrections Service Act 2006 is amended after subsection (2) by inserting the following new subsections—

“(3) Notwithstanding subsection (2), where the sentence of a prisoner includes a non-parole period fixed by a court in accordance with section 18 of the Sentencing and Penalties Act 2009, for the purposes of the initial classification, the date of release for the prisoner shall be determined on the basis of a remission of one-third of the sentence not taking into account the non-parole period.
(4) For the avoidance of doubt, where the sentence of a prisoner includes a nonparole period fixed by a court in accordance with section 18 of the Sentencing and Penalties Act 2009, the prisoner must serve the full term of the non-parole period.
(5) Subsections (3) and (4) apply to any sentence delivered before or after the commencement of the Corrections Service (Amendment) Act 2019.”.

Consequential amendment

3. The Sentencing and Penalties Act 2009 is amended by—

(a) in section 18—

• (i) in subsection (1), deleting “Subject to subsection (2), when” and substituting “When”; and
• (ii) deleting subsection (2); and

(b) deleting section 20(3).

Passed by the Parliament of the Republic of Fiji this 22nd day of November 2019.