QUEENSLAND CORRECTIVE SERVICES
APPENDIX – TEMPLATE LETTER TO JUDICIAL AUTHORITIES (Sentence
Calculation)
Availability: Public
Implement Date: 17 May 2010
(Insert date]
The Registrar
(Location] Court
(Address]
(Address]
Dear Sir/Madam,
RE:
OFFENDER: [Full name of offender]
DATE OF BIRTH: [day/month/year]
DATE OF SENTENCE: [day/month/year]
COURT FILE NUMBER: [XXX-00000/00(0)]
I am seeking your assistance in relation to offender [insert surname] who is currently in custody at
[insert location] Correctional Centre.
(Insert relevant paragraphs from the following selections to match with presenting
scenario]
If you would like to discuss this matter please contact (Name], Senior Adviser, Sentence
Management on (phone number] or by email at (email@correctiveservices.qld.gov.au].
Yours sincerely
(Name]
General Manager
(Location] Correctional Centre
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Examples for Use
1.
Fail to Appear Offence Ordered to be Served Concurrently
Offender [insert offender’s surname] appeared in the [Insert Court location]
Magistrates/District/Supreme Court on [insert date] in relation to [insert offence/s], before
Magistrate/Judge/Justice [insert surname].
The offender was convicted of a number of offences, including the offence of fail to appear under
section 33 of the Bail Act 1980 (“the Act”), and was sentenced to xxx imprisonment for that
offence. In imposing that sentence, the Court ordered that the term of imprisonment be served
concurrently with the other sentences imposed.
In accordance with section 33(4) of the Act, the effect of a term of imprisonment imposed for the
offence of failure to appear in accordance with an undertaking, is that it cannot be served
concurrently with any other term of imprisonment.
Notwithstanding section 33(4) of the Act, if an amended order is not received in relation to this
offence, the subject offence will be calculated to be served concurrently, making offender [insert
name]’s current discharge date [insert date].
Note: This enquiry should only be sent when a court orders a sentence for the fail to
appear offence to be served concurrently.
2.
Presentence Custody
a) Different declarations for offences eligible for the same amount of presentence custody
On [insert date] Magistrate/Judge/Justice [insert name] sentenced offender [insert offender name]
to xxx terms of xxx imprisonment for offences of [insert offence names. In relation to the offence/s
of [insert offences], the court declared xxx days pre-sentence custody from [insert date] to [insert
date] and in relation to the other, xxx days pre-sentence custody from [insert date] to [insert date].
Section 159A (4) of the Penalties and Sentences Act 1992 (“the Act”) provides:
(4) If—
(a) an offender is charged with a number of offences committed on different occasions; and
(b) the offender has been in custody since arrest on charges of the offences and for no
other reason;
the time held in presentence custody must be taken, for the purposes of subsection (1), to
start when the offender was first arrested on any of those charges, even if the offender is
not convicted of the offence for which the offender was first arrested or any 1 or more of the
number of offences with which the offender is charged.
In accordance with section 159A of the Act, when an offender is sentenced to a term of
imprisonment, any time for which they are held in custody in relation to that offence/s, and for no
other reason, unless an otherwise order is made, that time is considered to be presentence
custody.
The foregoing would indicate that the court was able to declare the whole xxx days pre-sentence
custody in relation to both terms of imprisonment.
Notwithstanding section 159A of the Act, if an amended order is not received in relation to the
presentence custody declaration, Queensland Corrective Services will calculate xxx days
presentence custody, making the offender’s current discharge date [insert date].
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b) Declaration made for only one of the eligible matters
On [insert date] Magistrate/Judge/Justice [insert name] sentenced offender [insert offender name]
to xxx terms xxx of imprisonment for offences of xxx. In relation to the offence of [insert offence],
the court declared xxx pre-sentence custody from [insert date] to [insert date]. In relation to the
other offences, there was no declaration of pre-sentence custody notwithstanding that the offender
was also held on remand in relation to that offence.
In accordance with section 159A of the Penalties and Sentences Act 1992 (“the Act”), when an
offender is sentenced to a term of imprisonment, any time for which they are held in custody in
relation to that matter/s, and for no other reason, unless an otherwise order is made, that time is
considered to be presentence custody.
Your assistance in confirming if pre-sentence custody was declared in relation to the offence of
[insert] would be appreciated.
Notwithstanding section 159A of the Act, unless an amended order is received in relation to the
presentence custody declaration, the offender’s current discharge date will be calculated as xxx.
3.
Concurrent Sentence Ordered When Cumulative Sentence Should Be Ordered
On [insert date] offender xxx was convicted in the xxx Magistrates/District/Supreme Court of an
offence under section xxx of the Criminal Code/Penalties and Sentences Act 1992, [insert offence
name] and was sentenced to xxx imprisonment.
This offence was committed while the offender was subject to a provision mentioned in section
156A of the Penalties and Sentences Act (“the Act”), which requires that the term of
imprisonment must be ordered to be served cumulatively with any other term of imprisonment that
the offender is serving:156A Cumulative order of imprisonment must be made in particular circumstances
(1) This section applies if an offender—
(a) is convicted of an offence—
(i) against a provision mentioned in the schedule; or
(ii) of counselling or procuring the commission of, or attempting or conspiring to commit,
an offence against a provision mentioned in the schedule; and
(b) committed the offence while—
(i) a prisoner serving a term of imprisonment; or
(ii) released on post-prison community based release under the Corrective Services Act
2000 or released on parole under the Corrective Services Act 2006; or
(iii) on leave of absence, from a term of imprisonment, granted under the Corrective
Services Act 2000 or the Corrective Services Act 2006; or
(iv) at large after escaping from lawful custody under a sentence of imprisonment.
(2) A sentence of imprisonment imposed for the offence must be ordered to be served cumulatively
with any other term of imprisonment the offender is liable to serve.
Notwithstanding section 156A of the Act, if an amended order is not received ordering the offence
of ** to be cumulative to the offender’s current term of imprisonment, the offender’s current
discharge date is** ]or released to court ordered parole on [insert date].]
4.
Clarification of Order
a) Fixed parole release date order when should have been eligibility date
On [insert date] Magistrate/Judge/Justice [insert name] sentenced offender [insert offender’s name]
to terms of imprisonment of xxx for xxx counts of [insert offence name/s] to be served cumulatively
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to each other; i.e. a total of xxx imprisonment. Magistrate/Judge/Justice [insert name] fixed a
parole release date of [insert date].
In accordance with section 160B of the Penalties and Sentences Act 1992 (“the Act”), a fixed
parole release date can only be fixed for those offenders with a period of imprisonment of 3 years
or less, and when the offence has not been declared as a serious violent offence and the offender
is not serving a term of imprisonment for a sexual offence.
Section 160B of the Act must also be read together with section 160F of the Act which states that
the Court must take into account the whole of the offender’s period of imprisonment, as opposed to
a particular term of imprisonment.
The Order of Imprisonment received by this centre, indicates that a parole release date was fixed,
despite the total period of imprisonment being over 3 years. Your assistance is sought in clarifying
whether the parole release date was fixed, as opposed to an eligibility date would be appreciated.
Subject to receiving your clarification, it may be necessary for Queensland Corrective Services to
make a formal submission for a re-opening to the [Office of the Director of Public Prosecutions or
Police prosecutor – insert which].
Until such time as the sentence is re-opened, the offender will be released in accordance with the
current order, to court ordered parole on [insert date].
b) Parole release date ordered on a prison probation order
On [insert date] offender [insert offender’s name] was convicted in the [insert court location]
Magistrates/District/Supreme Court of an offence of [insert offence name/s]. The Court sentenced
the offender to a xxx term of imprisonment and also made a probation order for [insert probation
order duration]. In imposing that sentence, the Court also fixed a parole release date of xxx.
Pursuant to section 160A (6) (b) of the Penalties and Sentences Act 1992,(“the Act”) a Court is
not able to fix a parole release date upon a term of imprisonment, when it also makes a probation
order.
Your assistance in clarifying the sentencing authority’s intent when imposing sentence would be
appreciated. As per the current order, under section 199 of the Corrective Services Act 2006, this
Agency must issue a Court Ordered parole order for the offender to be released on Court ordered
parole on [insert date].
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