442B   Reduction of sentences for assistance to authorities

(1)  In determining the sentence to be passed on a person convicted of an offence, a court may reduce the sentence it would otherwise impose, having regard to the degree to which the person has assisted, or undertaken to assist, law enforcement authorities in the prevention, detection or investigation of, or in proceedings relating to, the offence or other offences.

(2)  A court must not reduce a sentence so that the sentence becomes unreasonably disproportionate to the nature and circumstances of the offence.

(3)  In deciding whether to reduce a sentence and the extent of any reduction, the court is required to consider the following matters:

(a)  the effect of the offence for which the offender is being sentenced on the victim or victims of the offence and the family or families of the victim or victims,

(b)  the significance and usefulness of the offender’s assistance to the authority or authorities concerned, taking into consideration any evaluation by the authority or authorities of the assistance rendered or undertaken to be rendered,

(c)  the truthfulness, completeness and reliability of any information or evidence provided by the offender,

(d)  the nature and extent of the offender’s assistance or promised assistance,

(e)  the timeliness of the assistance or undertaking to assist,

(f)  any benefits that the offender has gained or may gain by reason of the assistance or undertaking to assist,

(g)  whether the offender will suffer harsher custodial conditions,

(h)  any injury suffered by the offender or the offender’s family, or any danger or risk of injury to the offender or the offender’s family, resulting from the assistance or the undertaking to assist,

(i)  whether the assistance or promised assistance concerns the offence for which the offender is being sentenced or an unrelated offence,

(j)  the likelihood that the offender will commit further offences after release.

(4)  Nothing in this section precludes a court from considering any other matter that the court is required to consider or that the court considers it is appropriate to consider in sentencing an offender or in deciding to reduce a sentence and the extent of any reduction.

(5)  In this section, a reference to a court includes a reference to a Judge and a Magistrate (whether exercising jurisdiction in respect of an indictable offence or a summary offence).