Effect of section 50I or 50J remission order on sentence
50K.—(1)  Where a remission order is made in respect of a prisoner under section 50I or 50J —
(a)the remainder of the prisoner’s sentence, as determined in accordance with subsection (2), (3) or (4) (as the case may be) is suspended; and
(b)that remainder of the prisoner’s sentence is to be remitted when the remission order expires.
[1/2014]
(2)  If the remission order is made under section 50I and no consecutive sentence is imposed on the prisoner in respect of whom the remission order is made, the remainder of the prisoner’s sentence is the period —
(a)starting on the date the remission order is made; and
(b)ending at the end of the day on which the prisoner would have completed serving his or her entire sentence of imprisonment if no remission order had been made.
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(3)  If the remission order is made under section 50I and 2 or more consecutive sentences are imposed on the prisoner in respect of whom the remission order is made, the remainder of the prisoner’s sentence is the period worked out according to the following steps:
(a)first, apportion the total time (in days) the prisoner has spent serving his or her aggregate sentence among each of the consecutive sentences (including default sentences) as if each sentence is served in the same proportion;
(b)second, work out the portion (in days) of each of the consecutive sentences (including default sentences) which is not served after taking into account the portion which is deemed under paragraph (a) as having been served;
(c)third, add the portion of each of the consecutive sentences (excluding default sentences) worked out under paragraph (b) which is not served.
Illustration
     A prisoner is sentenced to 6 weeks’ imprisonment on 1 January 2013 for the offence of theft under section 379 of the Penal Code 1871, 6 weeks’ imprisonment for the offence of cheating under section 417 of the Code, and a default sentence of 3 weeks for the offence of house‑trespass under section 448 of the Code. All 3 sentences are ordered to run consecutively and the aggregate sentence is imprisonment for a term of 15 weeks (105 days). The Commissioner makes a remission order after the prisoner has served two‑thirds of his or her aggregate sentence, i.e. 70 days. When the remission order is made, the time spent by the prisoner serving his or her aggregate sentence will be divided between the 3 consecutive sentences such that the prisoner has served the same proportion of each sentence, i.e. 28 days in relation to the sentence for theft, 28 days in relation to the sentence for cheating, and 14 days in relation to the sentence for house‑trespass. The portion of the default sentence for house‑trespass which has not been served (7 days) will be remitted. The portions of the sentences for theft and cheating which have not been served (14 days each) will be aggregated and the aggregate (28 days) will be the remainder of the prisoner’s sentence, which will be suspended until the remission order expires, whereupon it will be remitted.
[1/2014]
(4)  If the remission order is made under section 50J, the remainder of the prisoner’s sentence is the period worked out according to the following steps:
(a)first, work out the portion (in days) of the prisoner’s aggregate sentence which has not been served —
(i)starting on the date of the remission order made under section 50J; and
(ii)ending at the end of the day immediately before the day on which the Commissioner would have been required to make a remission order under section 50I in respect of the prisoner if the Minister had not directed the Commissioner to make a remission order under section 50J;
(b)second, work out the portion (in days) of the prisoner’s aggregate sentence which has not been served —
(i)starting on the day on which the Commissioner would have been required to make a remission order under section 50I in respect of the prisoner if the Minister had not directed the Commissioner to make a remission order under section 50J; and
(ii)ending on the day the prisoner would have been released from prison had no remission order been made in respect of the prisoner;
(c)third, apportion the portion (in days) of the prisoner’s aggregate sentence worked out under paragraph (b) between each consecutive term of imprisonment (including default sentences) to which the prisoner was sentenced such that the same proportion of each sentence has not been served;
(d)fourth, work out the portion (in days) of all default sentences (if any) which has not been served under paragraph (c);
(e)fifth, subtract the portion of the prisoner’s sentence worked out under paragraph (d) from the portion of the prisoner’s unserved sentence worked out under paragraph (b);
(f)sixth, add the portion of the prisoner’s sentence worked out under paragraph (a) to the portion of the prisoner’s sentence worked out under paragraph (e).
Illustration
     A prisoner is sentenced to a total of 25 years’ imprisonment, of which one year’s imprisonment is a default sentence. The sentence is ordered to take effect from 1 January 2013. The last day of the prisoner’s sentence if no remission order is made would be 31 December 2037. After taking into account the various periods of time mentioned in section 50I(2), the Commissioner is required to defer making a remission order until 1 November 2033. The Minister reviewed the prisoner’s case on 1 January 2033 and directed the Commissioner to make a remission order under section 50J on the same day. The period starting on 1 November 2033 and ending on 31 December 2037 (4 years and 2 months) will be apportioned such that 2 months of the prisoner’s default sentence and 4 years of the prisoner’s other sentences of imprisonment has not been served. The 4 years will be added to the period starting on 1 January 2033 and ending on 31 October 2033 (10 months) and the total (4 years and 10 months) will be the remainder of the prisoner’s sentence.
[1/2014]
(5)  The portion of a default sentence worked out under subsections (3)(b) and (4)(d) as not having been served is remitted upon the making of the remission order.
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