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Penal Code (Amendment) Act 2019

TUVALU

PENAL CODE (AMENDMENT) ACT 2019

Act No. 5 of 2020

Arrangement of Sections

Section
1 Short Title
2 Amendment to the Penal Code

PENAL CODE (AMENDMENT) ACT 2019

AN ACT TO AMEND THE PENAL CODE ACT TO EMPOWER THE HIGH COURT TO RESENTENCE PRISONERS SERVING A MANDATORY LIFE SENTENCE WITHIN THE PENALTY RANGE OF SECTION 193 OF THE PENAL CODE.

Commencement [22nd July, 2020]

1 Short Title

This Act may be cited as the Penal Code (Amendment) Act 2019.

2 Amendment to the Penal Code

The Penal Code is amended by adding a new section 193A after section 193 as follows;

"193A Power of the High Court to resentence prisoner of murder offence
(1) A prisoner serving a mandatory life sentence may apply to the High Court to recall the sentence previously ordered and resentence the prisoner in the same manner as if he had not previously been sentenced, provided the new sentence is within the sentencing range imposed under section 193.
(2) Any time served under the previous sentence shall be deducted from the new sentence imposed."