125 Transitional provisions—Sentencing (Emergency Service Costs) Act 2001 365 126 Transitional provisions—Sentencing (Amendment) Act 2002 366 126B Application of amendment made by the Road Safety (Alcohol Interlocks) Act 2002 366 127 Transitional provision—Crimes (Property Damage and Computer Offences) Act 2003 367 127A Transitional provisions—Corrections and Sentencing Acts (Home Detention) Act 2003 367 128 Transitional provision—Sentencing (Amendment) Act 2003 367 129 Transitional provision—Children and Young Persons (Age Jurisdiction) Act 2004 368 130 Transitional provision—Sentencing (Further Amendment) Act 2005 368 131 Transitional provision—Sentencing and Mental Health Acts (Amendment) Act 2005 368 132 Transitional provision—Courts Legislation (Jurisdiction) Act 2006 369 133 Transitional provisions—Sentencing (Suspended Sentences) Act 2006 369 134 Transitional provision—Working with Children Act 2005 370 135 Transitional provision—Criminal Procedure Legislation Amendment Act 2008 370 136 Transitional provision—Justice Legislation Amendment (Sex Offences Procedure) Act 2008 370 137 Transitional provision—Crimes Amendment (Identity Crime) Act 2009 371 138 Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009 371 139 Transitional provision—Criminal Procedure Act 2009 372 140 Transitional provision—Sentencing Amendment Act 2009 373 141 Transitional provision—Justice Legislation Amendment Act 2010 373 141A Transitional provision—Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011 375 142 Transitional provision—Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010 376 143 Transitional provision—Sentencing Amendment Act 2010 377 144 Transitional provision—Sentencing Further Amendment Act 2011 380 145 Transitional provisions—Criminal Procedure Amendment Act 2012 380
S. 3(1) def. of learner permit inserted by No. 65/2011 s. 3(1). learner permit has the same meaning as in the Road Safety Act 1986; S. 3(1) def. of legal practitioner inserted by No. 18/2005 s. 18(Sch. 1 item 97.1). s. 3 legal practitioner means an Australian legal practitioner within the meaning of the Legal Profession Act 2004; s. 3 S. 3(1) def. of licence restoration report inserted by No. 57/1998 s. 26(3), amended by No. 65/2011 s. 3(7), repealed by No. 56/2013 s. 31. * * * * * local law means local law made under Part 5 of the Local Government Act 1989; S. 3(1) def. of median sentence inserted by No. 52/2014 s. 3. median sentence—see section 5B; S. 3(1) def. of Mental Health Review Board substituted as Mental Health Tribunal by No. 26/2014 s. 429(1)(f). Mental Health Tribunal means the Mental Health Tribunal established by section 152 of the Mental Health Act 2014;
S. 3(1) def. of secure custody facility inserted by No. 2/2002 s. 4(1), amended by No. 48/2006 s. 42(Sch. item 32.1(b)). secure custody facility means— (a) a prison as defined in section 3 of the Corrections Act 1986; or (b) a youth justice centre; or (c) any other place the Minister specifies under subsection (2); S. 3(1) def. of Secure Treatment Order inserted by No. 26/2014 s. 429(2). Secure Treatment Order means an Order within the meaning of section 275 of the Mental Health Act 2014; s. 3 S. 3(1) def. of security patient amended by No. 26/2014 s. 429(1)(i). security patient has the same meaning as in the Mental Health Act 2014; S. 3(1) def. of security resident substituted by No. 23/2006 s. 226(c). security resident has the same meaning as it has in section 3(1) of the Disability Act 2006; S. 3(1) def. of sentencing court inserted by No. 65/2011 s. 3(1). sentencing court, in relation to an order made under this Act, means the court that made the order;
(viii) section 47A (persistent sexual abuse of child under the age of 16); s. 3 (ix) section 55 (abduction or detention); (x) section 56 (abduction of child under the age of 16); (xi) section 63A (kidnapping); (xii) section 75A (armed robbery); or (ca) an offence against section 45(1) (sexual penetration of child under the age of 10) (as amended) of the Crimes Act 1958 inserted in the Crimes Act 1958 on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed by section 5 of the Crimes (Amendment) Act 2000; or (cb) an offence against section 46(1) (sexual penetration of child aged between 10 and 16) (as amended) of the Crimes Act 1958 inserted in the Crimes Act 1958 on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed by section 5 of the Crimes (Amendment) Act 2000; or (d) an offence against a provision of the Crimes Act 1958 which was repealed before the commencement of section 4(e) of the Sentencing (Amendment) Act 1993 and which the presiding judge is satisfied beyond reasonable doubt, having regard to the facts in evidence, could have been charged as an offence against a provision mentioned in paragraph (c)
S. 3(1) def. of Temporary Treatment Order inserted by No. 26/2014 s. 429(2). Temporary Treatment Order means an Order within the meaning of section 45 of the Mental Health Act 2014; S. 3(1) def. of time to pay order inserted by No. 32/2013 s. 46(4). time to pay order means an order made under Part 3B that an offender be allowed time to pay a fine and includes such an order as varied under that Part; S. 3(1) def. of total effective sentence inserted by No. 52/2014 s. 3. total effective sentence has the same meaning as in the Criminal Procedure Act 2009; S. 3(1) def. of treatment and rehabilitation condition inserted by No. 65/2011 s. 3(1). treatment and rehabilitation condition means a condition that may be attached to a community correction order under section 48D(1); S. 3(1) def. of treatment centre repealed by No. 43/2010 s. 48(1)(a). * * * * * S. 3(1) def. of treatment period repealed by No. 48/1997 s. 14(1)(c). * * * * * s. 3 undertaking means a written undertaking by the offender in the prescribed form;
S. 3(1) def. of unpaid community work condition inserted by No. 77/2010 s. 3(a) (as amended by No. 9/2011 s. 3), substituted by No. 65/2011 s. 3(12). unpaid community work condition means a condition that may be attached to a community correction order under section 48C(1); S. 3(1) def. of victim inserted by No. 24/1994 s. 4(1)(b), amended by No. 54/2000 s. 22(1). victim, in relation to an offence, means a person who, or body that, has suffered injury, loss or damage (including grief, distress, trauma or other significant adverse effect) as a direct result of the offence, whether or not that injury, loss or damage was reasonably foreseeable by the offender; S. 3(1) def. of violent offence inserted by No. 41/1993 s. 4(f), amended by No. 24/1994 s. 4(1)(c), repealed by No. 48/1997 s. 7(1). * * * * * S. 3(1) def. of working day inserted by No. 41/1993 s. 4(f). working day, in relation to a court, means a day on which the offices of the court are open; S. 3(1) def. of young person inserted by No. 41/1993 s. 4(f), repealed by No. 48/1997 s. 4(c). * * * * * s. 3
S. 3(1) defs of youth training centre and youth training centre order inserted by No. 48/1997 s. 4(e), repealed by No. 48/2006 s. 42(Sch. 32.1(f)). * * * * * S. 3(2) inserted by No. 41/1993 s. 4(g), amended by No. 24/1994 s. 4(2)(a)(i) (ii)(b), repealed by No. 48/1997 s. 7(2), new s. 3(2) inserted by No. 2/2002 s. 4(3). (2) The Minister may, by notice published in the Government Gazette, specify a place for the purposes of paragraph (c) of the definition of secure custody facility in subsection (1). S. 3(3) inserted by No. 2/2002 s. 4(3). (3) Section 6(b) of the Corrections Act 1986 is taken to include an order under section 18ZL(1)(f) that a person serve a period in a place referred to in paragraph (c) of the definition of secure custody facility in subsection (1). 4 Application s. 4 This Act applies to all courts except the Children's Court. _______________ 5 Sentencing guidelines s. 5 (1) The only purposes for which sentences may be imposed are—
S. 6AD(b)(i) amended by No. 18/2005 s. 18(Sch. 1 item 97.2). (i) the Director of Public Prosecutions or a lawyer representing the Director; and S. 6AD(b)(ii) amended by No. 18/2005 s. 18(Sch. 1 item 97.2). (ii) a lawyer representing Victoria Legal Aid, whether or not employed by Victoria Legal Aid, or a lawyer arranged by Victoria Legal Aid— an opportunity to appear before the Court and make a submission on the matter. S. 6AE inserted by No. 13/2003 s. 4. 6AE Matters to which Court of Appeal must have regard In considering the giving of, or in reviewing, a guideline judgment the Court of Appeal must have regard to— (a) the need to promote consistency of approach in sentencing offenders; and (b) the need to promote public confidence in the criminal justice system; and S. 6AE(c) amended by No. 18/2005 s. 18(Sch. 1 item 97.2). (c) any views stated by the Sentencing Advisory Council and any submissions made by the Director of Public Prosecutions or a lawyer under section 6AD. S. 6AF inserted by No. 13/2003 s. 4, amended by No. 68/2009 s. 97(Sch. item 110.5). 6AF Use of evidence in giving or reviewing guideline judgment s. 6AF Nothing in Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 limits the evidence or other matters that the Court of Appeal may take into consideration in giving or reviewing a guideline judgment and the Court may inform itself as it sees fit. S. 6AG inserted by No. 13/2003 s. 4. 6AG Relationship between guideline judgments and other sentencing matters A guideline in a guideline judgment—
imprisonment is justified, the Court, in determining the length of that sentence— (a) must regard the protection of the community from the offender as the principal purpose for which the sentence is imposed; and (b) may, in order to achieve that purpose, impose a sentence longer than that which is proportionate to the gravity of the offence considered in the light of its objective circumstances. S. 6E inserted by No. 48/1997 s. 6. 6E Sentences to be served cumulatively Every term of imprisonment imposed by a court on a serious offender for a relevant offence must, unless otherwise directed by the court, be served cumulatively on any uncompleted sentence or sentences of imprisonment imposed on that offender, whether before or at the same time as that term. S. 6F inserted by No. 48/1997 s. 6. 6F Serious offender status to be noted on record s. 6E (1) A court that sentences a serious offender for a relevant offence must, at the time of doing so, cause to be entered in the records of the court in respect of that offence the fact that the offender was sentenced for it as a serious offender. S. 6F(2) amended by Nos 68/2009 s. 97(Sch. item 110.8), 69/2009 s. 54(Sch. Pt 1 item 51.1). (2) Despite anything to the contrary in the Evidence Act 2008 or the Criminal Procedure Act 2009, a statement of the fact that an offender was sentenced for a relevant offence as a serious offender may be included in a certificate issued under section 178 of the Evidence Act 2008 or in a criminal record filed under Division 2 of Part 5.8 of Chapter 5 of the Criminal Procedure Act 2009. _______________
S. 10A(2A) inserted by No. 69/2014 s. 5(3). (2A) Without limiting subsection (2), in the case of an offence against section 18 of the Crimes Act 1958 committed by a young offender against an emergency worker on duty, a court may make a finding that a special reason exists if— (a) it believes that there are reasonable prospects for the rehabilitation of the young offender; or (b) it believes that the young offender is particularly impressionable, immature or likely to be subjected to undesirable influences in an adult prision. (3) In determining whether there are substantial and compelling circumstances under subsection (2)(e), the court must have regard to— S. 10A(3)(aa) inserted by No. 72/2014 s. 8(3). (aa) the Parliament's intention that a sentence of imprisonment should ordinarily be imposed and that a non-parole period of not less than 10 years should ordinarily be fixed for an offence of manslaughter in circumstances in which section 9B(2) or 9C(2) applies; and S. 10A(3)(a) substituted by No. 69/2014 s. 5(4). s. 10A (a) the Parliament's intention that a sentence of imprisonment should ordinarily be imposed for an offence covered by section 10(1) or, subject to section 10AA(2), for an offence covered by section 10AA(1) and that a period of not less than the length specified in section 10(1) or 10AA(1) (as the case requires) should ordinarily be fixed in respect of that sentence; and S. 10A(3)(ab) inserted by No. 69/2014 s. 5(4). (ab) the Parliament's intention that a sentence of imprisonment should ordinarily be imposed for an offence covered by section 10AA(4); and
(5) In subsection (4) the relevant term is— (a) if a non-parole period is being fixed for a baseline offence, the sentence for that offence; and (b) if a non-parole period is being fixed in respect of a total effective sentence referred to in subsection (1)(b), that sentence. (6) Nothing in this section affects the fixing of a period for an offence that is not a baseline offence or in respect of a total effective sentence imposed in respect of 2 or more sentences, none of which is for a baseline offence. 12 References to non-parole period A reference in this or any other Act to a period includes a reference to a minimum term fixed in accordance with Part 3 of the Penalties and Sentences Act 1985 or any corresponding previous enactment. 13 Fixing of non-parole period otherwise than by sentencing court s. 12 S. 13(1) amended by Nos 45/1996 s. 18(Sch. 2 item 11.2), 65/2011 s. 8(1). (1) The failure of the sentencing court to fix a period in accordance with section 11 does not invalidate the sentence but— S. 13(1)(a) amended by No. 19/1999 s. 16(3). (a) the Court of Appeal in respect of a sentence imposed by the Supreme Court or the County Court; or
S. 16(1A)(d) substituted by No. 48/1997 s. 10(1). (d) on any person for an offence committed while released under a parole order; or S. 16(1A)(e) inserted by No. 48/1997 s. 10(1). (e) on any person for an offence committed while released on bail in relation to another offence. (2) Every term of imprisonment imposed on a person by a court in default of payment of a fine or sum of money must, unless otherwise directed by the court, be served— S. 16(2)(a) amended by Nos 48/1997 s. 17(1), 48/2006 s. 42(Sch. item 32.3). (a) cumulatively on any uncompleted sentence or sentences of imprisonment or detention in a youth justice centre or youth residential centre imposed on that person in default of payment of a fine or sum of money; but (b) concurrently with any other uncompleted sentence or sentences of imprisonment or detention imposed on that person— s. 16 whether that other sentence was, or those other sentences were, imposed before or at the same time as that term. S. 16(2A) inserted by No. 99/2000 s. 15, amended by No. 32/2006 s. 92(1). (2A) A reference in subsection (2) to a term of imprisonment imposed on a person by a court is to be read as including a reference to a term of imprisonment imposed on a person under Division 2 of Part 12 of the Infringements Act 2006. S. 16(3) amended by Nos 41/1993 s. 8(b), 48/1997 s. 17(1), 48/2006 s. 42(Sch. item 32.3). (3) Every term of imprisonment imposed on a prisoner by a court in respect of a prison offence or an escape offence must, unless otherwise directed by the court because of the existence of exceptional circumstances, be served cumulatively on any uncompleted sentence or sentences of imprisonment or detention in a youth justice centre or youth residential centre imposed on that
cause to be noted in the records of the court the fact that the declaration was made and its details. S. 18(4A) inserted by No. 53/2003 s. 4(4), repealed by No. 30/2010 s. 7(a). * * * * * S. 18(5) amended by No. 69/1997 s. 6(3). (5) The person with custody of the record referred to in subsection (4) must indorse on the warrant or other authority for the imprisonment or detention of the offender particulars of the matters referred to in that subsection. S. 18(5A) inserted by No. 53/2003 s. 4(5), repealed by No. 30/2010 s. 7(a). * * * * * s. 18 (6) If a person charged with a series of offences committed on different occasions has been in custody continuously since arrest, the period of custody for the purposes of subsection (1) must be reckoned from the time of his or her arrest even if he or she is not convicted of the offence with respect to which he or she was first arrested or of other offences in the series. S. 18(7) amended by Nos 53/2003 s. 4(6), 30/2010 s. 7(d). (7) If on an application under this subsection the sentencing court is satisfied that the period declared under subsection (4) was not correct it may declare the correct period and amend the sentence accordingly. (8) An application under subsection (7) may be made by— (a) the offender; or
(ii) the personal factors that the considers contributed to the offender's criminal behaviour. (2) The Drug Court must attach to a drug treatment order at least one program condition but must not attach any more program conditions than it considers necessary to achieve the purposes for which the order is made. (3) An offender must comply with all of the program conditions attached to the drug treatment order. S. 18ZGA inserted by No. 30/2010 s. 10, repealed by No. 48/2011 s. 17. * * * * * S. 18ZH inserted by No. 2/2002 s. 5. 18ZH Variation on assessing offender's progress s. 18ZH (1) The may vary the treatment and supervision part of a drug treatment order from time to time if the considers it appropriate to do so based on its assessment of the offender's progress. Note The may also vary the treatment and supervision part of a drug treatment order under section 18ZJ, 18ZL or 18ZN. (2) The may do so on its own initiative or on the application of— (a) the offender; or (b) the informant or police prosecutor; or (c) a prescribed person or a person in a prescribed class of persons. (3) The treatment and supervision part of the order may be varied by—
(a) the offender; and (b) the informant or police prosecutor; and (c) the prescribed person or the person in the prescribed class of persons— and the may order that a warrant to arrest be issued against the offender if he or she does not attend for the hearing. S. 18ZP(4A) inserted by No. 30/2005 s. 8(2). (4A) If notice of the hearing concerning the cancellation of the treatment and supervision part of a drug treatment order— (a) has been given to the offender or has been, to the satisfaction of the Drug Court, attempted to be given to the offender but the attempt is not successful; and (b) the offender does not attend for the hearing— then the treatment and supervision part of the drug treatment order is suspended and the period between the failure to attend the hearing and the day on which the offender does attend the for the hearing does not count in calculating the period for which that part of the order operates. (5) To avoid doubt, if the cancels the treatment and supervision part or custodial part of a drug treatment order under this section, any earlier orders activating the custodial part of the order cease to have effect. S. 18ZQ inserted by No. 2/2002 s. 5. 18ZQ Drug treatment order assessment reports s. 18ZQ
S. 18ZQ(1) amended by No. 68/2009 s. 97(Sch. item 110.20 (a)). (1) If the is considering making a drug treatment order at any stage after an accused has indicated an intention to plead guilty to an offence, or has pleaded guilty to an offence, it must— S. 18ZQ(1)(a) amended by No. 68/2009 s. 97(Sch. item 110.20 (b)). (a) order a drug treatment order assessment report on the accused; and (b) adjourn the proceeding to enable the report to be prepared by a specified officer. (2) The purpose of a drug treatment order assessment report is— S. 18ZQ(2)(a) amended by No. 68/2009 s. 97(Sch. item 110.21). (a) to establish whether the accused is a suitable person to be subject to a drug treatment order; and (b) if so— S. 18ZQ (2)(b)(i) amended by No. 68/2009 s. 97(Sch. item 110.21). (i) to prepare a case management plan for the accused; and s. 18ZQ (ii) to establish whether the facilities necessary to implement that plan exist and, if so, to identify those facilities; and S. 18ZQ (2)(b)(iii) amended by No. 68/2009 s. 97(Sch. item 110.21). (iii) to make recommendations to the on the program conditions that should be attached to a drug treatment order in respect of the accused. S. 18ZQ(3) amended by No. 68/2009 s. 97(Sch. item 110.22). (3) If the grants an accused bail on an adjournment under subsection (1) it must, for the purpose of facilitating the preparation of the report, impose a condition of bail requiring the accused to—
Pt 3 Div. 2 Subdiv. (4) (Heading) amended by Nos 48/1997 s. 17(2), 48/2006 s. 42(Sch. item 32.4). Subdivision (4)—Youth justice centre orders and youth residential centre orders S. 32 (Heading) inserted by No. 48/2006 s. 42(Sch. item 32.5). 32 Youth justice centre or youth residential centre order s. 32 S. 32(1) amended by Nos 48/1997 ss 16(2), 17(3), 48/2006 s. 42(Sch. item 32.6). (1) Subject to subsections (2A) and (2B), if a sentence involving confinement is justified in respect of a young offender a court may make a youth justice centre order or a youth residential centre order if it has received a pre-sentence report and— (a) it believes that there are reasonable prospects for the rehabilitation of the young offender; or (b) it believes that the young offender is particularly impressionable, immature or likely to be subjected to undesirable influences in an adult prison. S. 32(2) amended by Nos 48/1997 s. 17(3), 48/2006 s. 42(Sch. item 32.6). (2) In determining whether to make a youth justice centre order or a youth residential order, a court must have regard to— (a) the nature of the offence; and S. 32(2)(b) amended by No. 48/1997 s. 16(1). (b) the age, character and past history of the young offender.
S. 32(2A) inserted by No. 48/1997 s. 16(3), amended by No. 48/2006 s. 42(Sch. item 32.6). (2A) A court must not make a youth justice centre order in respect of a young offender who at the time of being sentenced is under the age of 15 years. S. 32(2B) inserted by No. 48/1997 s. 17(4). (2B) A court must not make a youth residential centre order in respect of a young offender who at the time of being sentenced is aged 15 or more. S. 32(3) amended by Nos 48/1997 ss 16(4), 17(5), 48/2006 s. 42(Sch. item 32.7). (3) The maximum period for which a court may direct that a young offender be detained in a youth justice centre or youth residential centre is— S. 32(3)(a) amended by No. 48/1997 s. 16(5)(a). s. 32 (a) if the court is the Magistrates' years; and S. 32(3)(b) amended by No. 48/1997 s. 16(5)(b). (b) if the court is the County Court or the Supreme Court—3 years. S. 32(4) amended by No. 48/1997 s. 16(1). (4) Subsection (3) applies irrespective of how many offences the young offender is convicted of in the same proceeding. S. 32(5) amended by No. 48/1997 ss 16(6), 17(6). (5) If— S. 32(5)(a) amended by No. 48/1997 ss 16(4), 17(6). (a) a sentence of detention is imposed on a young offender already under such a sentence; and (b) the subsequent sentence is cumulative on the prior sentence; and (c) the aggregate of the periods of the unexpired portion of the prior sentence and the
(4) This section has effect despite anything to the contrary in any Act. 34 Commencement of sentences s. 34 S. 34(1) amended by No. 48/1997 s. 17(7). (1) Subject to sections 33 and 35, a sentence of detention commences— S. 34(1)(a) amended by No. 48/1997 s. 16(1). (a) if the young offender is immediately detained in custody under the the day that it is imposed; or S. 34(1)(b) amended by No. 48/1997 s. 16(1). (b) if the young offender is serving a sentence of imprisonment which is cumulative on the sentence of detention—on the day the sentence of imprisonment is completed; or S. 34(1)(c) amended by Nos 48/1997 ss 16(1), 17(8), 48/2006 s. 42(Sch. item 32.6. (c) in any other case—on the day the young offender is apprehended under a warrant to detain in a youth justice centre or a youth residential centre issued in respect of the sentence. S. 34(2) amended by No. 48/1997 ss 16(4), 17(7). (2) If a young offender sentenced to a term of detention is allowed to be or to go at large for any reason, the period between then and the day on which he or she is taken into custody to undergo the sentence does not count in calculating the term to be served and service of the sentence is suspended during that period. S. 34(3) amended by No. 48/1997 ss 16(4), 17(7). (3) If a young offender lawfully detained under a sentence escapes or fails to return after an authorised absence, the period between then and the day on which he or she surrenders or is apprehended does not count in calculating the term to be served and service of the sentence is suspended during that period. S. 34(4) amended by No. 48/1997 s. 17(7). (4) Despite anything to the contrary in this or any other Act or in any rule of law or practice, a sentence of detention must be calculated exclusive
(b) the purposes for which a sentence may be imposed as set out in section 5; and (c) the purpose of a community correction order set out in section 36. Pt 3A Div. 4 (Heading) inserted by No. 65/2011 s. 21. Division 4—Conditions S. 48B (Heading) substituted by No. 32/2013 s. 27(1). S. 48B inserted by No. 65/2011 s. 21. 48B Definitions s. 48A In this Division— S. 48B def. of child protection order inserted by No. 32/2013 s. 27(2). child protection order means— (a) a custody to third party order; (b) an interim accommodation order; (c) an interim protection order; (d) a supervised custody order; (e) a supervision order— within the meaning of the Children, Youth and Families Act 2005; family violence has the same meaning as in the Family Violence Protection Act 2008; safety means safety from family violence, physical or mental harm. S. 48C inserted by No. 65/2011 s. 21. 48C Unpaid community work condition (1) A court which is making a community correction order may attach a condition requiring an offender to perform unpaid community work.
(2) The purpose for attaching an unpaid community work condition is to adequately punish the offender in the community. S. 48C(3) amended by No. 32/2013 s. 28. (3) Subject to section 48CA, the offender must perform the number of hours of unpaid community work specified by the court under an unpaid community work condition. S. 48C(3A) inserted by No. 65/2011 s. 56. (3A) If the Secretary gives a direction under section 83AU the offender must perform the number of hours of unpaid community work specified by the Secretary. (4) The total number of hours for which an offender may be required to perform unpaid community work under an unpaid community work condition must be determined by the court and must not exceed 600 hours. (5) The total number of hours of unpaid community work that the offender must perform in any 7 day period must not exceed 20. S. 48C(6) amended by No. 26/2012 s. 35. (6) An offender may perform unpaid community work for up to 40 hours in a period of 7 days if he or she requests to do so and signs a written consent to performing the extra number of hours. s. 48C (7) If a court attaches an unpaid community work condition as the sole condition under this Division of a community correction order for up to a maximum of 300 hours, the order expires on the satisfactory completion of those hours of work. (8) If an offender is or will be subject to more than one community correction order the court must not make a direction under this Act that causes the time limits that apply under all unpaid community
licensed premises has the same meaning as in the Liquor Control Reform Act 1998; liquor has the same meaning as in the Liquor Control Reform Act 1998; major event has the same meaning as in the Liquor Control Reform Act 1998. S. 48JA inserted by No. 65/2011 s. 58 (as amended by No. 26/2012 s. 71). 48JA Bond condition s. 48JA (1) A court which is making a community correction order may attach a condition requiring an offender to pay an amount of money as a bond, the whole or part of which is subject to forfeiture if the offender fails to comply with the order. (2) The court may attach a bond condition for the purpose of ensuring the compliance of the offender with the order. (3) When attaching a bond condition the court must— (a) have regard to adequacy of the financial circumstances of the offender as contained in the pre-sentence report to support the payment of the bond; and (b) fix a time period for the payment of the bond by the offender. (4) Any money paid by an offender under subsection (1)— (a) must be paid to the court making the order; and (b) despite any provision to the contrary in the Supreme Court Act 1986, the County Court Act 1958 or the Magistrates' Court Act 1989, must be held on trust by the Crown in a trust account established by the Minister under section 23 of the Financial Management Act 1994 until the money is
body corporate has not within that period obtained an instalment order or time to pay order. (3) The person making the demand under subsection (2) must deliver to the body corporate a statement in writing in the prescribed form setting out a summary of the provisions of this Part relating to the enforcement of fines against bodies corporate. Division 9—General S. 69Z inserted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 69Z Notice of orders to be given s. 69Z An order under this Part is not binding on an offender if the offender has not been given notice of it in the manner required by or under this Part. S. 69ZA inserted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 69ZA Oath or affirmation A court, or a proper officer of a court, may administer an oath or affirmation for the purposes of proceedings under this Part. S. 69ZB inserted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 69ZB Application of fines etc. The whole or any part of a fine, penalty or sum of money which by or under any Act is authorised or directed to be imposed on a person forms part of, and must be paid into, the Consolidated Fund if no other way of appropriating or applying it is prescribed by law. S. 69ZC inserted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 69ZC Penalty payable to body corporate A forfeiture or penalty payable to a party aggrieved under an Act relating to an offence (whether indictable or summary) is payable to a body corporate if it is the party aggrieved.
S. 83AD inserted by No. 65/2011 s. 43. 83AD Contravention of community correction order (1) An offender who is subject to a community correction order must not contravene that order, unless the offender has a reasonable excuse. Penalty: 3 months imprisonment. (2) A proceeding is not able to be brought against a person for an offence under subsection (1) in relation to conduct of that person in respect of which that person has been acquitted, convicted or found guilty of an offence under section 83AE or 83AF. S. 83ADA inserted by No. 32/2013 s. 48. 83ADA Contravention of fine conversion order An offender who is subject to a fine conversion order must not contravene that order unless the offender has a reasonable excuse. Penalty: Level 10 fine. S. 83ADB inserted by No. 32/2013 s. 48. 83ADB Contravention of fine default unpaid community work order An offender who is subject to a fine default unpaid community work order must not contravene that order unless the offender has a reasonable excuse. Penalty: Level 10 fine. S. 83AE inserted by No. 65/2011 s. 43. 83AE Particular contraventions of directions of Secretary s. 83ADB (1) An offender who is subject to a community correction order and who is attending at a place under a direction given by the Secretary in compliance with section 45(1)(f), must not leave that place unless— (a) the offender has first obtained the permission of the Secretary; or (b) the offender has a reasonable excuse. Penalty: Level 11 fine.
that all or a part of the bond is forfeited to the Crown; or (b) if the court makes an order under subsection (1)(c), the court must order that all or part of the bond is forfeited to the Crown. S. 83ASA inserted by No. 32/2013 s. 50 (as amended by No. 77/2013 s. 49). 83ASA Powers of court on finding of guilt for contravention of fines work order s. 83ASA (1) Subject to this section, if a court finds a person guilty of an offence under section 83ADA or 83ADB in relation to a fines work order, (in addition to sentencing the offender for the offence) the court must— (a) if the circumstances set out in subsection (2) apply, make one or more of the orders set out in subsection (3); or (b) confirm the order or a part of the order; or (c) vary the order; or (d) cancel the order and deal with the offender for the offence or offences with respect to which the order was made in any manner in which the court could deal with the offender if it had just found him or her guilty of that offence or those offences; or (e) cancel the order and make no further order with respect to the offence or offences with respect to which the order was originally made. (2) Subsection (3) applies if the court is satisfied that— (a) the circumstances of the offender have materially altered since the fines work order was made and as a result the offender is unable to comply with the order; or s. 83ASA
s. 86 S. 86(5)(b) amended by No. 49/2012 s. 7(2)(c)(i). (b) may be made— S. 86(5)(b)(i) amended by No. 49/2012 s. 7(2)(c)(ii). (i) by the person seeking compensation; or S. 86(5)(b)(ii) amended by No. 69/1997 s. 10(a)–(c). (ii) on that person's behalf by the Director of Public Prosecutions or (if the sentencing court was the Magistrates' Court) the informant or police prosecutor. (6) Nothing in subsection (5)(b)(ii) requires the Director of Public Prosecutions or the informant or police prosecutor (as the case requires) to make an application on behalf of a person. S. 86(6A) inserted by No. 19/1999 s. 10, repealed by No. 54/2000 s. 22(2)(c). * * * * * S. 86(7) amended by No. 49/2012 s. 7(3). (7) In determining whether or not an order under subsection (1) should be made and, if so, the amount payable under the order— (a) a finding of any fact made by a court in a proceeding for the offence is evidence and, in the absence of evidence to the contrary, proof of that fact; and (b) the finding may be proved by production of a document under the seal of the court from which the finding appears. (8) A court must not exercise the powers conferred by this section unless in the opinion of the court the relevant facts sufficiently appear from evidence
(2) All money paid to, or recovered by, the State under this Division must be paid into the Consolidated Fund. Pt 4 Div. 2B (Heading and ss 87C–87N) inserted by No. 80/2001 s. 4. Division 2B—Recovery of costs incurred by emergency service agencies S. 87C inserted by No. 80/2001 s. 4. 87C Definitions In this Division— cost recovery order means an order under section 87D(1); emergency includes an apparent emergency; S. 87C def. of emergency service agency amended by Nos 51/2005 s. 58(7), 37/2014 s. 10(Sch. item 151.5(a)). emergency service agency means— (a) Victoria Police; or (b) the Metropolitan Fire and Emergency Services Board established under the Metropolitan Fire Brigades Act 1958; or (c) the Country Fire Authority appointed under the Country Fire Authority Act 1958; or (d) the Victoria State Emergency Service Authority established under the Emergency Service Act 2005; or (e) Ambulance Service— within the meaning of the Ambulance Services Act 1986; or (f) a public hospital, private hospital, denominational hospital or hospital within the meaning of the Health Services Act 1988; or
of establishing that the person knows that an alcohol exclusion order is in effect and, in the absence of evidence to the contrary, is proof of that fact. S. 89DG inserted by No. 15/2014 s. 7. 89DG Variation of alcohol exclusion order s. 89DG (1) Any of the following may apply for variation of an alcohol exclusion order— (a) the person to whom the order applies; (b) a member of the police force. S. 89DG(2) substituted by No. 55/2014 s. 169(2). (2) An application under subsection (1) must be made to the Magistrates' Court if— (a) the order was made by the County Court or the Magistrates' Court; or (b) the order was made by the Supreme Court and the Supreme Court has given a direction under section 89DD(5).". S. 89DG(2A) inserted by No. 55/2014 s. 169(2). (2A) For the purposes of subsection (2), the order made by the Supreme Court or County Court must be taken to have been made by the Magistrates' Court. S. 89DG(2B) inserted by No. 55/2014 s. 169(2). s. 89DG (2B) An application under subsection (1) must be made to the Supreme Court if— (a) the order was made by the Supreme Court; and (b) the Supreme Court has not given a direction under section 89DD(5). (3) On an application under subsection (1), the court may vary an alcohol exclusion order, if the court— (a) is satisfied that new facts or circumstances have arisen since the making or last variation
(4) Non-compliance with subsection (3) does not affect the validity of the judgment or sentence. S. 102(5) amended by No. 30/2010 s. 25(b). (5) The question whether it appears probable that a judge or magistrate will be unable for the reasons mentioned in subsection (1)(b) to give judgment or impose sentence within a reasonable time must be decided by the Chief Justice of the Supreme Court or the Chief Judge of the County Court or the Chief Magistrate (as the case requires) and his or her decision is not liable to be challenged on any ground whatsoever. S. 102(6) amended by Nos 68/2009 s. 97(Sch. item 110.76), 30/2011 s. 25(b). (6) If on the trial or hearing of an offence— (a) a verdict of guilty has been found or a plea of guilty has been received; and S. 102(6)(b) amended by No. 30/2010 s. 25(a)(c). (b) all steps preliminary to the giving of judgment or the imposing of sentence have been taken but no judgment or sentence has been given or imposed— s. 102 any other judge of the Supreme Court or the County Court or magistrate (as the case requires) may give the judgment or impose the sentence determined by the judge or magistrate who presided at the trial or hearing or received the plea (as the case requires). S. 102(7) amended by No. 68/2009 s. 97(Sch. item 110.77). (7) If at any time before the commencement of the trial of an indictable offence (including one heard summarily) the accused person pleads guilty, any judge of the Supreme Court or the County Court or magistrate (as the case requires) other than the one receiving the plea may take (if necessary) all steps preliminary to the giving of judgment or imposing of sentence and may give judgment or impose sentence.
S. 108F(1) amended by No. 9/2011 s. 6(1). (1) There shall be a board of directors of the Council consisting of not less than 11, and not more than 14, directors of whom— (a) two must be people who have, in the opinion of the Attorney-General, broad experience in community issues affecting courts; (b) one must have experience as a senior member of the academic staff of a tertiary institution; (c) one must be a person who is a member of a victim of crime support or advocacy group; S. 108F(1)(ca) inserted by No. 9/2011 s. 6(2). (ca) one must be a person who is involved in the management of a victim of crime support group or advocacy group and who is a victim of crime or a representative of victims of crime; S. 108F(1)(cb) inserted by No. 9/2011 s. 6(2), amended by No. 37/2014 s. 10(Sch. item 151.7). (cb) one must be a police officer who is actively engaged in criminal law enforcement duties and who is of the rank of senior sergeant or below; (d) one must be a person who, in the opinion of the Attorney-General, is a highly experienced prosecution lawyer; (e) one must be a person who, in the opinion of the Attorney-General, is a highly experienced defence lawyer; (f) the remainder must have experience in the operation of the criminal justice system. (2) Directors are appointed by the Governor in Council on the nomination of the
S. 144 inserted by No. 9/2011 s. 7. 144 Transitional provision—Sentencing Further Amendment Act 2011 s. 144 On and from the commencement of section 6 of the Sentencing Further Amendment Act 2011 the Sentencing Advisory Council is taken to be the same body as it was immediately before that commencement, despite any changes to the board of directors and no decision, matter or thing is to be affected because of those changes. S. 145 inserted by No. 48/2012 s. 46. 145 Transitional provisions—Criminal Procedure Amendment Act 2012 (1) Section 9 as amended by section 44 of the Criminal Procedure Amendment Act 2012 applies to the sentencing of a person for offences on or after the commencement of section 44 of that Act, irrespective of when the offences were committed or the findings of guilt were made. (2) Section 51 as amended by section 45 of the Criminal Procedure Amendment Act 2012 applies to the sentencing of a person for offences on or after the commencement of section 45 of that Act, irrespective of when the offences were committed or the findings of guilt were made. S. 147 inserted by No. 45/2012 s. 10. 147 Transitional provision—Sentencing Amendment (Community Correction Reform) Act 2011 Schedule 3 has effect. S. 148 inserted by No. 45/2012 s. 10. 148 Transitional provision—Road Safety and Sentencing Acts Amendment Act 2012 (1) Section 38 as amended by section 7 of the Road Safety and Sentencing Acts Amendment Act 2012 applies to a sentence imposed on or after the commencement of section 7 of that Act,
(iii) section 50BC(1) (sexual conduct involving child under 16); (iv) section 50BD(1) (inducing child under 16 to be involved in sexual conduct); (v) section 50DA(1) (benefiting from offence against Part IIIA); (vi) section 50DB(1) (encouraging offences against Part IIIA); Sch. 1 cl. 1(dd) inserted by No. 57/2005 s. 50(2)(e). (dd) an aggravated offence against any of the following sections of the Criminal Code of the Commonwealth: (i) section 270.6 (sexual servitude offences); (ii) section 270.7 (deceptive recruiting for sexual services); Sch. 1 Note The Criminal Code of the Commonwealth is contained in the Schedule to the Criminal Code Act 1995 of the Commonwealth. Sch. 1 cl. 1(de) inserted by No. 57/2005 s. 50(2)(e). (de) an offence against section 233BAB(5) or 233BAB(6) of the Customs Act 1901 of the Commonwealth (special offence relating to tier 2 goods) where the goods are goods covered by section 233BAB(1)(h) of that Act; Sch. 1 cl. 1(df) inserted by No. 57/2005 s. 50(2)(e). (df) an offence against any of the following sections of the Criminal Code of the Commonwealth: (i) section 271.4 (trafficking in children) or section 271.7 (domestic trafficking in children) in circumstances where the purpose of the exploitation is to provide sexual services within the meaning of that section;
Sch. 1 cl. 4(a)(v) substituted by No. 61/2001 s. 14(1). (v) section 79(1) or 80(3)(a) (conspiracy) where the conspiracy is to commit an offence against section 71, 71AA, 72 or 72A of that Act or an offence under a law in force in a place outside Victoria that is a corresponding law in relation to section 71, 71AA, 72 or 72A of that Act; Sch. 1 cl. 4(a)(vi) inserted by No. 61/2001 s. 14(1), substituted by No. 79/2014 s. 64. Sch. 1 (vi) section 80(1) (inciting) where the offence that is incited is an offence against section 71, 71AA, 72 or 72A of that Act; Sch. 1 cl. 4(a)(via) inserted by No. 79/2014 s. 64. (via) section 80(3)(b) (aiding, abetting etc. an offence outside Victoria) where the offence that is aided, abetted, counselled or procured is an offence under a law in force in a place outside Victoria that is a corresponding law in relation to section 71, 71AA, 72 or 72A of that Act; Sch. 1 cl. 4(a)(vii) inserted by No. 61/2001 s. 14(1). (vii) section 80(4) (preparatory act) where the offence to which the act relates is an offence under a law in force in a place outside Victoria that is a corresponding law in relation to section 71, 71AA, 72 or 72A of that Act; Sch. 1 cl. 4(ab) inserted by No. 35/2002 s. 28(Sch. item 5.2). (ab) an offence against any of the following provisions of the Drugs, Poisons and Controlled Substances Act 1981 as in force immediately before the commencement of the Drugs, Poisons and Controlled Substances (Amendment) Act 2001— (i) section 71 (trafficking in a drug of dependence) in circumstances where the offence is committed in relation to a
Sch. 1 cl. 4(ba) inserted by No. 29/2011 s. 3(Sch. 1 item 84(b)). (ba) an offence against section 307.1, 307.2, 307.5, 307.6, 307.8 or 307.9 of the Criminal Code of the Commonwealth; Sch. 1 cl. 4(c) inserted by No. 57/2005 s. 50(5) (as amended by No. 93/2005 s. 16). (c) any other offence, whether committed in Victoria or elsewhere, the necessary elements of which consist of elements that constitute any of the offences referred to in paragraphs (a) to (ba). Sch. 1 cl. 4(ba) inserted by No. 93/2005 s. 15(2), repealed by No. 29/2011 s. 3(Sch. 1 item 84(a)). * * * * * Sch. 1 cl. 4(c) repealed by No. 61/2001 s. 14(2). * * * * * Sch. 1 5 Arson offences This clause applies to the following offences— (a) an offence against any of the following sections of the Crimes Act 1958: (i) section 197 (destroying or damaging property) in circumstances where the offence is charged as arson; (ii) section 197A (arson causing death); Sch. 1 cl. 5(a)(iii) inserted by No. 10/2003 s. 13. (iii) section 201A (intentionally or recklessly causing a bushfire); (b) the common law offence of arson; Sch. 1 cl. 5(ba) inserted by No. 69/2014 s. 19(a). (ba) an offence against section 66 of the Forests Act 1958 (placing inflammable material for the purpose of causing fire);
Sch. 1 cl. 5(bb) inserted by No. 69/2014 s. 19(a). (bb) an offence against section 39C of the Country Fire Authority Act 1958 (causing fire in a country area with intent to cause damage); Sch. 1 cl. 5(c) amended by No. 69/2014 s. 19(b). (c) an offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in paragraph (a) (b), (ba) or (bb). Sch. 1 _______________ Sch. 1A inserted by No. 108/1997 s. 149. SCHEDULE 1A Sch. 1A 1. An offence against any of the following provisions of the Crimes Act 1958: (a) section 74(1) (theft) where the value of the property stolen is $50 000 or more; (b) section 75(1) (robbery) where the value of the property stolen is $50 000 or more; (c) section 75A(1) (armed robbery) where the value of the property stolen is $50 000 or more; (d) section 81(1) (obtaining property by deception) where the value of the property obtained is $50 000 or more; (e) section 82(1) (obtaining financial advantage by deception) where the value of the financial advantage obtained is $50 000 or more; (f) section 83(1) (false accounting) where the potential gain or loss is $50 000 or more; (g) section 88(2) (handling stolen goods) where the value of the goods handled is $50 000 or more;
(Magistrate) Sch. 2 PART C Number Place where offence committed Date of offence Description of offence (with particulars) 1 2 3 4 etc. _______________ Sch. 3 (Heading) substituted by No. 45/2012 s. 11(2). Sch. 3 amended by No. 81/1991 s. 10(Sch. item 3.1), repealed by No. 48/1997 s. 34, new Sch. 3 inserted by No. 65/2011 s. 54, amended by No. 45/2012 s. 11(1). SCHEDULE 3 Sch. 3 2011 Part 1—Definitions 1 Definitions In this Schedule— old combined custody and treatment order means a combined custody and treatment order within the meaning of section 3(1) as in force before the commencement of section 12 of the Sentencing Amendment (Community Correction Reform) Act 2011, being an order in force immediately before that commencement; old community-based order means a order within the meaning of section 3(1) as in force before the commencement of section 21 of the Sentencing Amendment (Community
Assent Date: 18.6.02 Commencement Date: S. 28(Sch. item 5.1) on 2.5.02: s. 2(2); s. 28(Sch. item 5.2) on 19.6.02: s. 2(1) : This information relates only to the provision/s amending the Sentencing Act 1991 Crimes (Property Damage and Computer Offences) Act 2003, No. 10/2003 Assent Date: 6.5.03 Commencement Date: Ss 13, 14 on 7.5.03: s. 2 : This information relates only to the provision/s amending the Sentencing Act 1991 Sentencing (Amendment) Act 2003, No. 13/2003 Assent Date: 6.5.03 Commencement Date: Ss 4–6 on 1.7.04: s. 2(3) : This information relates only to the provision/s amending the Sentencing Act 1991 Corrections and Sentencing Acts (Home Detention) Act 2003, No. 53/2003 Assent Date: 16.6.03 Commencement Date: Ss 3–8 on 1.1.04: s. 2(5) : This information relates only to the provision/s amending the Sentencing Act 1991 Confiscation (Amendment) Act 2003, No. 63/2003 Assent Date: 30.9.03 Commencement Date: S. 50 on 1.12.03: s. 2(2) : This information relates only to the provision/s amending the Sentencing Act 1991 Monetary Units Act 2004, No. 10/2004 Assent Date: 11.5.04 Commencement Date: Ss 13, 15(Sch. 1 item 27) on 1.7.04: s. 2(2) : This information relates only to the provision/s amending the Sentencing Act 1991 Justice Legislation (Sexual Offences and Bail) Act 2004, No. 20/2004 Endnotes Assent Date: 18.5.04 Commencement Date: S. 9 on 19.5.04: s. 2 : This information relates only to the provision/s amending the Sentencing Act 1991 Transport Legislation (Miscellaneous Amendments) Act 2004, No. 49/2004 Assent Date: 16.6.04 Commencement Date: Ss 43–45 on 17.6.04: s. 2(1) : This information relates only to the provision/s amending the Sentencing Act 1991 Crimes (Dangerous Driving) Act 2004, No. 59/2004
Criminal Procedure Legislation Amendment Act 2008, No. 8/2008 Assent Date: 18.3.08 Commencement Date: Ss 3, 18 on 1.7.08: s. 2(5) : This information relates only to the provision/s amending the Sentencing Act 1991 Relationships Act 2008, No. 12/2008 Assent Date: 15.4.08 Commencement Date: S. 73(1)(Sch. 1 item 56) on 1.12.08: s. 2(2) : This information relates only to the provision/s amending the Sentencing Act 1991 Justice Legislation Amendment (Sex Offences Procedure) Act 2008, No. 18/2008 Assent Date: 13.5.08 Commencement Date: Ss 15–17 on 1.7.08: s. 2(2) : This information relates only to the provision/s amending the Sentencing Act 1991 Justice Legislation Amendment Act 2008, No. 21/2008 Assent Date: 2.6.08 Commencement Date: S. 25(1) on 3.6.08: Special Gazette (No. 148) 3.6.08 p. 1 : This information relates only to the provision/s amending the Sentencing Act 1991 Endnotes Public Health and Wellbeing Act 2008, No. 46/2008 Assent Date: 2.9.08 Commencement Date: S. 287 on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Sentencing Act 1991 Family Violence Protection Act 2008, No. 52/2008 Assent Date: 23.9.08 Commencement Date: Ss 265, 266 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1 : This information relates only to the provision/s amending the Sentencing Act 1991 Stalking Intervention Orders Act 2008, No. 68/2008 Assent Date: 18.11.08 Commencement Date: Ss 82, 83 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1 : This information relates only to the provision/s amending the Sentencing Act 1991 Criminal Procedure Act 2009, No. 7/2009 (as amended by No. 68/2009) Assent Date: 10.3.09 Commencement Date: Ss 432–434 on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Sentencing Act 1991