86C Stage-2 offence other than murder: offender given final warning and must serve full term of imprisonment

(1)

When, on any occasion, a court convicts an offender of 1 or more stage-2 offences other than murder, the court must at the same time—

(a)

warn the offender of the consequences if the offender is convicted of any serious violent offence committed after that warning (whether or not that further serious violent offence is different in kind from any stage-2 offence for which the offender is being convicted); and

(b)

record, in relation to each stage-2 offence, that the offender has been warned in accordance with paragraph (a).

(2)

It is not necessary for a Judge to use a particular form of words in giving the warning.

(3)

On the entry of a record under subsection (1)(b), the offender has, in relation to each stage-2 offence for which a record is entered, a record of a final warning.

(4)

If the sentence imposed on the offender for any stage-2 offences is a determinate sentence of imprisonment, the court must order that the offender serve the full term of the sentence and, accordingly, that the offender,—

(a)

in the case of a long-term sentence (within the meaning of the Parole Act 2002), serve the sentence without parole; and

(b)

in the case of a short-term sentence (within the meaning of the Parole Act 2002), not be released before the expiry of the sentence.

(5)

If the sentence imposed on the offender for 1 or more stage-2 offences is a short-term sentence (within the meaning of the Parole Act 2002) and any conditions are imposed on the offender under section 93, then, despite anything in that section, those conditions take effect on the sentence expiry date (within the meaning of the Parole Act 2002).

(6)

If, but for the application of this section, the court would have ordered, under section 86, that the offender serve a minimum period of imprisonment, the court must state, with reasons, the period that it would have imposed.

(7)

The court must give the offender a written notice that sets out the consequences if the offender is convicted of any serious violent offence committed after the warning given under subsection (1)(a).

Section 86C: inserted, on 1 June 2010, by section 6(1) of the Sentencing and Parole Reform Act 2010 (2010 No 33).