s.23Transitional provisions
23
Section 23Part 0 —

Transitional provisions

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Within twenty-four months after the entry into force of the Conditional Release Law, 2014 [Law 18 of 2014], the Director of Public Prosecutions shall send to the Grand Court the case records of all prisoners serving life sentences, excluding those whose applications for release on licence are pending under section 31A of the Prison Law, 1975 [Law 14 of 1975], and the Grand Court shall, in exercise of the powers contained in section 14, pronounce in open court a period of incarceration for each prisoner, and in so doing shall exercise the powers specified in section 14 as if it were sentencing an accused who has been convicted.
Where an application under section 31A of the Prison Law, 1975 [Law 14 of 1975] is refused, the prisoner may at any time apply to the Grand Court for a tariff to be set, in which case the Grand Court shall exercise the powers in subsection (1).
In exercising the powers referred to in subsection (1), the Grand Court may, where practicable, consult any serving Judge who decided the matter concerned, and may exercise such other powers as a Judge sentencing an accused in a case tried by him may have under any Law and the accused shall have such right to be heard as he would have had at the time of his original sentencing hearing.
At the sentencing hearing referred to in this section, evidence of the prisoner's behaviour in prison after original sentencing is not admissible.
A prisoner who is dissatisfied with a decision made under subsection (1) or (2) shall have a right of appeal in the same manner as a person being sentenced for the first time.
Where at the commencement of the Conditional Release Law, 2014 [Law 18 of 2014], a prisoner is serving a fixed term and the earliest date of release which would have been determined under section 29 of the Prisons Law, 1975 [Law 14 of 1975] is earlier than the earliest date on which he would have been eligible for release on licence under this Law, the prisoner shall be released on the earlier date and without conditions.

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