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Criminal Procedure Act 2011

Miscellaneous and transitional provisions - Transitional and savings provisions - Transitional and savings provisions in relation to provisions brought into force under section 2(2) or 2(3)

404: Transitional provision regarding correction of erroneous sentence

You could also call this:

"Fixing a wrong sentence: rules to make it right"

Illustration for Criminal Procedure Act 2011

If you get a sentence that is wrong, some rules apply to fix it. These rules are in sections 180 to 182 and they apply to sentences given or orders made before, on, or after the commencement date. You can still use these rules to correct a wrong sentence.

Some things do not change because of these rules. This includes applications made under section 372(1) of the Crimes Act 1961 before the commencement date. It also includes processes underway under section 77 of the Summary Proceedings Act 1957 to correct a sentence that were already happening before the commencement date.

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Part 8Miscellaneous and transitional provisions
Transitional and savings provisions: Transitional and savings provisions in relation to provisions brought into force under section 2(2) or 2(3)

404Transitional provision regarding correction of erroneous sentence

  1. Sections 180 to 182 apply to a sentence imposed or an order made before, on, or after the commencement date.

  2. Nothing in subsection (1) affects—

  3. any application made under section 372(1) of the Crimes Act 1961 before the commencement date; or
    1. any process underway under section 77 of the Summary Proceedings Act 1957 immediately before the commencement date to correct a sentence.

      Notes
      • Section 404(1): amended, on , by section 24 of the Criminal Procedure Amendment Act 2013 (2013 No 25).