50ZO. Commission of offence by prisoner subject to SEPP when on release order

Amended

Last amended by an amending law of 2024.

(1)

Where a prisoner subject to an SEPP is released on a release order and is sentenced by a court for any offence or offences committed by the prisoner after the prisoner is so released —

(a)

if the sentence imposed by the court is a sentence of imprisonment (other than life imprisonment) or an SPP, the SEPP does not expire but runs concurrently with the sentence imposed by the court; or

(b)

if the sentence imposed by the court is a sentence of life imprisonment or an SEPP, the SEPP under which the prisoner is so released ceases to have effect.

(2)

Where in relation to any prisoner subject to an SEPP, any sentence of imprisonment (not being life imprisonment) is imposed by a court for any offence or offences committed by the prisoner after the prisoner is released on a release order, then —

(a)

the release order lapses when the prisoner starts serving the sentence;

(b)

despite section 50I, no remission order is required to be made by the Commissioner under that section in respect of the prisoner;

(c)

the prisoner is eligible to be released on a release order again under the SEPP on the earlier of the following dates:

(i)

if section 50I had been applied, the date the Commissioner would have made a remission order in respect of the prisoner; (ii)the day after the prisoner has served 20 years of his or her sentence; and

(d)

on the date that the prisoner is released on a release order again under the SEPP, the remainder of the prisoner’s sentence of imprisonment imposed by the court is remitted, being the period —

(i)

starting on the date the prisoner is so released; and

(ii)

ending at the end of the day on which the prisoner would have completed serving his or her entire sentence of imprisonment if the prisoner had not been so released.IllustrationAn SEPP is imposed on A on 1 March 2024 and the minimum period of custody that A must be detained in prison as specified by a court under section 304B(3)(a) of the Criminal Procedure Code 2010 is 12 years. Upon the expiry of the specified period, A is released under a release order (i.e., 1 March 2036). One year after A has been released on the release order (i.e., 1 March 2037), A commits an offence. A is sentenced to 6 years’ imprisonment for that offence and the sentence starts on 1 March 2037. If section 50I had been applied, the date the Commissioner must make a remission order is the date after A had served two-thirds of the sentence of imprisonment (i.e., on 1 March 2041). Therefore, A is eligible to be released on a release order again under the SEPP on 1 March 2041.

(3)

Where in relation to any prisoner subject to an SEPP, an SPP is imposed by a court in respect of any offence or offences committed by the prisoner after the prisoner is released on a release order, then —

(a)

the release order under the SEPP to which the prisoner is subject lapses when the prisoner starts serving the sentence of the SPP; and

(b)

on the date that the prisoner would be eligible to be released on a release order made in relation to the SPP in accordance with section 50ZG(1) —

(i)

the SPP ceases to have effect;

(ii)

the prisoner is eligible to be released on a release order again under the SEPP; and

(iii)

the prisoner may not be released unconditionally under section 50ZG(7) until the day the prisoner would have completed serving the entire term of the SPP if not for sub-paragraph (i).IllustrationAn SEPP is imposed on A on 1 March 2024 and the minimum period of custody that A must be detained in prison as specified by a court under section 304B(3)(a) of the Criminal Procedure Code 2010 is 12 years. Upon the expiry of the specified period, A is released under a release order (i.e., 1 March 2036). One year after A has been released on the release order (i.e., 1 March 2037), A commits an offence. An SPP of 12 years is imposed on A, which starts on 1 March 2037. After A has served two-thirds of the SPP, the SPP ceases to have effect and A is eligible to be released on a release order again under the original SEPP.