S. 3(1) def. of contravention summons inserted by No. 30/2010 s. 3(a), substituted by No. 65/2011 s. 3(4), repealed by No. 26/2012 s. 27(2). * * * * * S. 3(1) def. of curfew condition inserted by No. 65/2011 s. 3(1). curfew condition means a condition that may be attached to a community correction order under section 48I(1); S. 3(1) def. of depositions inserted by No. 68/2009 s. 97(Sch. item 110.1). depositions has the same meaning as in the Criminal Procedure Act 2009; s. 3 S. 3(1) def. of detention inserted by No. 48/1997 s. 4(b), amended by No. 48/2006 s. 42(Sch. item 32.1(a)). detention, in relation to an order or sentence of a court, means detention in a youth justice centre or youth residential centre; director, in relation to a body corporate, includes any person occupying the position of director of the body corporate (by whatever name called) and includes a person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act;
S. 3(1) def. of justice plan amended by Nos 46/1998 s. 7(Sch. 1), 23/2006 s. 226(a), substituted by No. 65/2011 s. 3(6). justice plan means a plan requested under section 80(3)(c); S. 3(1) def. of justice plan condition inserted by No. 65/2011 s. 3(1). justice plan condition means a condition that may be attached to— (a) a community correction order; or (b) an order releasing an offender on adjournment with or without recording a conviction— under section 80(1); S. 3(1) def. of lawyer inserted by No. 18/2005 s. 18(Sch. 1 item 97.1). lawyer means an Australian lawyer within the meaning of the Legal Profession Act 2004; 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(1) def. of licence restoration report inserted by No. 57/1998 s. 26(3), amended by No. 65/2011 s. 3(7). licence restoration report means a report from an accredited agency on an applicant for an order under section 89(2) or section 89AE(1);
S. 3(1) def. of residential treatment order inserted by No. 23/2006 s. 226(b), amended by No. 65/2011 s. 3(9). residential treatment order means an order made under section 82AA(1); S. 3(1) def. of restricted involuntary treatment order inserted by No. 69/2005 s. 3(1)(a). restricted involuntary treatment order means an order made under section 93; S. 3(1) def. of Secretary inserted by No. 46/1998 s. 7(Sch. 1), substituted by No. 65/2011 s. 3(10). Secretary means the Secretary to the Department of Justice; s. 3 S. 3(1) def. of Secretary to the Department of Health inserted by No. 29/2010 s. 71(1). Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health; 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); security patient has the same meaning as in the Mental Health Act 1986;
S. 3(1) def. of young offender amended by No. 48/1997 s. 4(d). young offender means an offender who at the time of being sentenced is under the age of 21 years; S. 3(1) def. of youth justice centre inserted by No. 48/2006 s. 42(Sch. item 32.1(c)). youth justice centre has the same meaning as in the Children, Youth and Families Act 2005; S. 3(1) def. of youth justice centre order inserted by No. 48/2006 s. 42(Sch. item 32.1(c)). youth justice centre order means an order made under Subdivision (4) of Division 2 of Part 3 directing the detention of a young offender in a youth justice centre; S. 3(1) def. of Youth Parole Board substituted by No. 48/2006 s. 42(Sch. item 32.1(d)). Youth Parole Board means Youth Parole Board referred to in section 442 of the Children, Youth and Families Act 2005; S. 3(1) def. of youth residential centre inserted by No. 48/1997 s. 4(e), substituted by No. 48/2006 s. 42(Sch. item 32.1(e)). youth residential centre has the same meaning as in the Children, Youth and Families Act 2005; s. 3 S. 3(1) def. of youth residential centre order inserted by No. 48/1997 s. 4(e). youth residential centre order means an order made under Subdivision (4) of Division 2 of Part 3 directing the detention of a young offender in a youth residential centre;
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— (a) is additional to any other matter that is required to be taken into account under Part 2; and (b) does not limit or take away from any such requirement. _______________ Pt 2A (Heading and ss 6A–6F) inserted by No. 48/1997 s. 6. S. 6A inserted by No. 48/1997 s. 6. 6A Application of Part s. 6A This Part applies to a court in sentencing—
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 (b) the County Court in respect of a sentence imposed by the Magistrates' Court— may, on the application of the offender or of the Secretary fix a non-parole period in accordance with that section in any manner in which the sentencing court might have done so. S. 13(2) amended by No. 41/1993 s. 7(1)(i). (2) The Supreme Court may fix a non-parole period in accordance with section 11 in respect of a term of imprisonment or detention being served by— (a) any person who at the commencement of this subsection is serving a sentence of imprisonment for the term of his or her natural life in respect of which a non-parole period had not been fixed; or S. 13(2)(b) amended by No. 41/1993 s. 7(1)(ii). (b) any person who at that commencement is imprisoned in accordance with a pardon granted by the Governor under the royal prerogative of mercy or section 496 of the Crimes Act 1958, whether or not the Governor fixed a period during which the person was not eligible to be released on parole; or S. 13(2)(c) inserted by No. 41/1993 s. 7(1)(ii). (c) any person who at the commencement of section 7(1) of the Sentencing (Amendment) Act 1993 is serving a period of detention during the Governor's pleasure parole
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
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—
(5) A wholly suspended sentence of imprisonment must be taken to be a sentence of imprisonment for the purposes of all enactments except any enactment providing for disqualification for, or loss of, office or the forfeiture or suspension of pensions or other benefits. S. 27(6) repealed by No. 48/1997 s. 14(4). * * * * * S. 27(7) amended by No. 65/2011 s. 16(1). (7) If under section 83AR an offender is ordered to serve the whole or part of a wholly suspended sentence of imprisonment then, for the purposes of any enactment providing for disqualification for, or loss of, office or the forfeiture or suspension of pensions or other benefits the offender must be taken to have been sentenced to imprisonment on the day on which the order was made under that section. (8) A partly suspended sentence of imprisonment must be taken for all purposes to be a sentence of imprisonment for the whole term stated by the court. S. 27(9) substituted by No. 48/1997 s. 14(5), amended by No. 65/2011 s. 16(2), substituted by No. 26/2012 s. 30(2). (9) For the purposes of any proceeding under this Subdivision or Division 2 of Part 3C— (a) a suspended sentence of imprisonment made by the Court of Appeal on an appeal must be taken to have been made by the court from whose decision the appeal was brought; and (b) the provisions about proceedings under this Subdivision or Division 2 of Part 3C apply as if the court from which the appeal was made were the sentencing court.
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.
Pt 3A (Heading) inserted by No. 65/2011 s. 21. Pt 3A Div. 1 (Heading) inserted by No. 65/2011 s. 21. Division 1—Preliminary S. 36 amended by No. 48/1997 ss 18, 19(1), 28(1), substituted by No. 65/2011 s. 21. 36 Purpose of an order s. 36 The purpose of a community correction order is to provide a community sentence that may be used for a wide range of offending behaviours while having regard to and addressing the circumstances of the offender. Pt 3A Div. 2 (Heading) inserted by No. 65/2011 s. 21. Division 2—General S. 37 amended by No. 19/1999 s. 8(1), substituted by No. 65/2011 s. 21. 37 Community correction order A court may make a community correction order in respect of an offender if— (a) the offender has been convicted or found guilty of an offence punishable by more than 5 penalty units; and (b) the court has received a pre-sentence report (if required) and has had regard to any recommendations, information or matters identified in the report; and (c) the offender consents to the order.
S. 47 amended by Nos 41/1993 s. 10(3)(4), 45/1996 s. 18(Sch. 2 item 11.11), 48/1997 s. 19(2)(3), 10/1999 s. 30, 10/2004 s. 15(Sch. 1 item 27.1), 68/2009 s. 97(Sch. items substituted by No. 65/2011 s. 21. 47 Court may attach conditions s. 47 (1) A court that is making a community correction order must attach at least one condition in accordance with subsection (2). (2) A court that is making a community correction order may— (a) attach one or more conditions under Division 4; or S. 47(2)(b) amended by No. 26/2012 s. 33. (b) attach a condition under Division 2 of Part 3BA. S. 48 substituted by No. 65/2011 s. 21. 48 Residual condition (1) A court that is making a community correction order may attach in addition to a condition attached in accordance with section 47 any other condition to the order that the court thinks fit, other than a condition about making restitution or the payment of compensation, costs or damages. S. 48(2) amended by No. 26/2012 s. 34. (2) A condition attached under subsection (1) to a community correction order must not be about the subject matter of a condition under Division 4 or Division 2 of Part 3BA. S. 48A inserted by No. 65/2011 s. 21. 48A Matters to be considered when attaching conditions The court must attach conditions to a community correction order in accordance with— (a) the principle of proportionality; and (b) the purposes for which a sentence may be imposed as set out in section 5; and
S. 62(1) amended by Nos 41/1993 s. 13(a), 69/1997 s. 8(2), 10/2004 s. 15(Sch. 1 item 27.3), substituted by No. 65/2011 s. 24(1). (1) If a natural person defaults in the payment of a fine or of any instalment under an instalment order for a period of more than one month, the sentencing court or the proper officer may issue a warrant to arrest the person. S. 62(1A) inserted by No. 65/2011 s. 24(1). (1A) The court or proper officer must not issue a warrant under subsection (1) if an order has been made by the sentencing court under section 62A. (2) A warrant to arrest issued under subsection (1) may be directed to the sheriff. S. 62(2A) inserted by No. 69/1997 s. 9. (2A) A warrant to arrest to be directed to the sheriff may be issued, not in paper form, but by the proper officer signing a document containing the following particulars in relation to persons against whom a warrant is to be issued under subsection (1) and causing those particulars to be transferred electronically to the sheriff in accordance with the regulations, if any— (a) the name of the person in default; (b) the type of warrant; (c) the amount of the fine or instalment remaining unpaid; (d) the date of issue of the warrant; (e) the name of the proper officer signing the document; (f) any other particulars that are prescribed. S. 62(2B) inserted by No. 69/1997 s. 9. (2B) A warrant issued in accordance with subsection (2A)—
S. 81(1)(a) amended by Nos 48/1997 s. 28(2), 65/2011 s. 36(3). (a) not later than one year after the imposing of the order to which the justice plan condition is attached under section 80 and thereafter at intervals not exceeding one year; or (b) as directed by the court at the time of sentencing— until the condition of the sentence ceases to have effect. S. 81(2) amended by Nos 46/1998 s. 7(Sch. 1), 65/2011 s. 36(4). (2) The Secretary to the Department of Human Services may review a justice plan if an application is made to him or her to do so by— (a) the offender; or S. 81(2)(b) amended by No. 45/1996 s. 18(Sch. 2 item 11.12), substituted by No. 65/2011 s. 36(5). (b) if the sentence is a community correction order, the Secretary; or S. 81(2)(c) amended by Nos 48/1997 s. 14(9), 65/2011 s. 36(6). (c) if the sentence is a an order under Subdivision (2) or (3) of Division 2, a prescribed person or a member of a prescribed class of persons. S. 82 (Heading) inserted by No. 65/2011 s. 37. 82 Review of justice plan condition by sentencing court S. 82(1) amended by Nos 23/2006 s. 228(1), 65/2011 s. 38(1)(2)(a). s. 82 (1) If on an application under this subsection the court which attached a justice plan condition to an order under section 80(1) is satisfied— S. 82(1)(a) amended by No. 65/2011 s. 38(2)(a). (a) that the offender is no longer willing to comply with the condition; or
(a) to allow the offender's capacity for and prospects of rehabilitation to be assessed; (b) to allow the offender to demonstrate that rehabilitation has taken place; (c) to allow the offender to participate in a program or programs aimed at addressing the underlying causes of the offending; s. 83A (d) to allow the offender to participate in a program or programs aimed at addressing the impact of the offending on the victim; (e) for any other purpose that the court considers appropriate having regard to the offender and the circumstances of the case. S. 83A(1B) inserted by No. 77/2010 s. 21(2). (1B) In making an order deferring a sentence under subsection (1), the court may determine the date at which the offender must re-appear before the court for a review of the order. S. 83A(1C) inserted by No. 77/2010 s. 21(2). (1C) Dates fixed under subsection (1B) must be between the date on which the order deferring the sentence is made and the date to which the proceeding has been adjourned. S. 83A(1D) inserted by No. 77/2010 s. 21(2). (1D) On the review of an order deferring a sentence under this section, the court may— (a) take no further action; or (b) cancel the order deferring the sentence and proceed to sentence the offender, as if the matter were an adjourned hearing to which subsection (3) applies. S. 83A(1E) inserted by No. 77/2010 s. 21(2). (1E) In making an order deferring a sentence under subsection (1), the court may order that any review of the order under subsection (1B) be dealt
S. 83A(5) amended by No. 77/2010 s. 21(6). (5) The court may order that a warrant to arrest be issued against the offender if he or she does not attend before the court on the adjourned hearing. S. 83A(6) amended by No. 77/2010 s. 21(7). (6) Nothing in this section removes any requirement imposed on the Magistrates' Court or County Court by or under this or any other Act to impose any disqualification on, or make any other order in respect of, a person found guilty or convicted of an offence, including an order cancelling or suspending a driver licence or permit or disqualifying the offender from obtaining one for any period. s. 83A __________________ Pt 3C (Heading and ss inserted by No. 65/2011 s. 43. Division 1—Offences S. 83AB inserted by No. 65/2011 s. 43. 83AB Contravention of suspended sentence s. 83AB (1) If an offender who is subject to a suspended sentence order is convicted or found guilty of an offence punishable by imprisonment, being an offence committed during the period of the order, the offender is guilty of an offence and liable to a penalty not exceeding 3 months imprisonment. (2) In this section suspended sentence order means an order under section 27 suspending the whole or a part of a sentence to a term of imprisonment. S. 83AC inserted by No. 65/2011 s. 43. 83AC Contravention of order for release on adjournment An offender who is subject to an order under section 72 or 75 for release on the adjournment of
person has been acquitted, convicted or found guilty of an offence under section 83AD or 83AF. S. 83AF inserted by No. 65/2011 s. 43. 83AF Offence to fail to obey a written direction of Secretary s. 83AF (1) An offender who is subject to a community correction order must not contravene a written direction of the Secretary that is given under section 46 unless that person has a reasonable excuse. Penalty: Level 11 fine. (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 83AD or 83AE. Pt 3C Div. 2 (Heading) substituted by No. 26/2012 s. 61. Division 2—Procedure for contravention offence S. 83AG inserted by No. 65/2011 s. 43, substituted by No. 26/2012 s. 62. 83AG Commencement of a proceeding s. 83AG (1) A proceeding for an offence under section 83AB, 83AC, 83AD, 83AE or 83AF is commenced by filing a charge-sheet in the Magistrates' Court. (2) A charge-sheet must be filed under subsection (1) by— (a) the Director of Public Prosecutions; or (b) a crown prosecutor within the meaning of the Criminal Procedure Act 2009; or (c) a member of staff of the Office of Public Prosecutions who is a legal practitioner; or (d) a member of the police force; or (e) a prescribed person; or
body authorised by an approved alcohol interlock supplier. Note For approved alcohol interlock and approved alcohol interlock supplier, see section 87P(1). S. 89A(3) amended by No. 49/2004 s. 43(1). (3) Subject to subsection (4), if the offence was not a first offence— s. 89A (a) despite section 89(3A) and (3B), the person is not required to obtain, and the court is not required to have regard to, a report referred to in section 89(3B)(a); and (b) on making the order, the court must direct the Roads Corporation that it can only grant the person a driver licence that is subject to a condition that the person must only drive a motor vehicle with an approved alcohol interlock installed and maintained by an approved alcohol interlock supplier or a person or body authorised by an approved alcohol interlock supplier. S. 89A(4) inserted by No. 49/2004 s. 43(2). (4) Despite subsection (3), if— (a) the offence was not a first offence; and (b) the person was disqualified under section 89 from obtaining a driver licence on or before the commencement of section 14 of the Road Safety (Alcohol Interlocks) Act 2002— subsection (3)(a) has no application to the offence and, on making the order, the court may direct the Roads Corporation that it can only grant the person a driver licence that is subject to a condition that the person must only drive a motor vehicle with an approved alcohol interlock installed and maintained by an approved alcohol interlock supplier or a person or body authorised by such a supplier.
(iv) any report obtained under subsection (4). S. 89B(6) inserted by No. 69/2009 s. 54(Sch. Pt 1 item 51.4). (6) Nothing in subsection (5) prevents the application of Part 3.10 of the Evidence Act 2008 to making a determination under that subsection. S. 89C inserted by No. 1/2002 s. 13. 89C Appeals against direction or period specified in direction S. 89C(1) amended by Nos 110/2004 s. 45(2), 68/2009 s. 97(Sch. item 110.69). s. 89C (1) If the court gives a direction under section 89A(2), 89A(3)(b) or 89A(4), the person in respect of whom the direction is given may appeal to the County Court under section 254 of the Criminal Procedure Act 2009 against— (a) in the case of a direction under section 89A(2)— (i) the giving of the direction; or (ii) the period specified in the direction during which the person cannot apply for the removal of an alcohol interlock condition if that period is more than 6 months; or S. 89C(1)(b) amended by Nos 110/2004 s. 45(3)(a)(b), 81/2006 s. 7(2). (b) in the case of a direction under section 89A(3)(b) or 89A(4)—the period specified in the direction during which the person cannot apply for the removal of an alcohol interlock condition if that period is more than 4 years— as if the direction were a sentence of a kind referred to in section 254 of the Criminal Procedure Act 2009. (2) That Act applies with respect to the appeal with any necessary modifications.
obtained by the person being subject to an order under this section; and (iii) because of the person's mental illness, involuntary treatment of the person is necessary for his or her health or safety (whether to prevent a deterioration in the person's physical or mental condition or otherwise) or for the protection of members of the public; and S. 91(c) amended by No. 98/1995 s. 64(3)(d), substituted by No. 69/2005 s. 4(3)(a). (c) the court has received a report in the prescribed form from the authorised psychiatrist of the approved mental health service in which the person is proposed to be detained— (i) recommending the making of the order; and (ii) stating that there are facilities or services available at that service for the diagnosis, assessment and treatment of the person— the court may make an order (a diagnosis, assessment and treatment order) under which the person is detained in the approved mental health service as an involuntary patient to enable diagnosis, assessment and treatment for a period (not exceeding 3 months) to be specified in the order. S. 91(2) inserted by No. 69/2005 s. 4(4). (2) A diagnosis, assessment and treatment order is sufficient authority for the detention of the person who is subject to the order in an approved mental health service. 92 Termination of assessment orders and diagnosis, assessment and treatment orders s. 92 At the expiry of an order made under section 90 or 91 or at any time before then if the authorised
Pt 6 Div. 2A (Heading and ss 99A–99E) inserted by No. 48/1997 s. 24, amended by Nos 29/2010 s. 71(3), 43/2010 s. 48(2), repealed by No. 65/2011 s. 47. * * * * * Pt 6 Div. 2B (Heading and ss 99F–99J) inserted by No. 53/2003 s. 6, amended by Nos 52/2008 s. 266, 68/2008 s. 83, 30/2010 s. 28, 43/2010 s. 48(2), 53/2010 ss 221(Sch. item 10.6), 224, repealed by No. 48/2011 s. 22. * * * * * Division 3—Taking other charges into account 100 Disposal of other pending charges s. 100 (1) If a court convicts a person of an offence or offences, not being or including treason or murder, and the court is satisfied that— S. 100(1)(a) amended by Nos 48/1997 s. 25(2), 68/2009 s. 97(Sch. item 110.72). (a) there has been filed in court a document in the form of Schedule 2 showing on the back in the form prescribed by Part C of that Schedule a list of other offences, whether indictable or summary, not being or including treason or murder, in respect of
(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). (cb) one must be a member of the police force 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 (3) The Board— (a) is responsible for the management of the affairs of the Council; and (b) may exercise the powers of the Council. S. 108G inserted by No. 13/2003 s. 6. 108G Chairperson s. 108G (1) The Governor in Council may, on the recommendation of the Attorney-General, appoint a director to be chairperson of the Board. (2) The chairperson may resign that office by notice in writing signed by the chairperson and delivered to the Attorney-General.
(2) In this section information requirement means a requirement to give information of a specified kind within a specified period relating to— (a) the performance by the Council of its functions; or s. 108P (b) the exercise by the Council of its powers; or (c) the Council's expenditure or proposed expenditure. _______________ 109 Penalty scale s. 109 (1) An offence that is described in an Act, subordinate instrument or local law as being an offence of a level specified in column 1 of Table 1 or as being punishable by imprisonment of a level specified in that column is, unless the contrary intention appears, punishable by a term of imprisonment not exceeding that specified opposite it in column 2 of the Table. S. 109(1) Table 1 substituted by No. 48/1997 s. 27. TABLE 1 Column 1 Column 2 Level Maximum Term of Imprisonment 1 Life 2 25 years 3 20 years 4 15 years 5 10 years 6 5 years 7 2 years 8 1 year 9 6 months
to have been committed on or after that commencement. (2) For the purposes of subsection (1), if an offence is alleged to have been committed between two dates, one before and one after the commencement of section 15 of the Justice Legislation Amendment (Sex Offences Procedure) Act 2008, the offence is alleged to have been committed before that commencement. S. 137 inserted by No. 22/2009 s. 7. 137 Transitional provision—Crimes Amendment (Identity Crime) Act 2009 s. 137 (1) Section 6AAA, as amended by section 5 of the Crimes Amendment (Identity Crime) Act 2009, applies to a sentence imposed on or after the commencement of section 5 of that Act irrespective of when the sentencing hearing commenced. (2) An application may be made under section 89F in relation to an identity crime offence (within the meaning of section 89E) committed before the commencement of section 6 of the Crimes Amendment (Identity Crime) Act 2009. S. 138 inserted by No. 69/2009 s. 54(Sch. Pt 1 item 51.5). 138 Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009 Sections 89(3F) and 89B(6) do not apply to a hearing that commenced before the day the Statute Law Amendment (Evidence Consequential Provisions) Act 2009 and that— (a) continued on or after that day; or (b) was adjourned until that day or a day after that day.
Sch. 1 cl. 1(dc) inserted by No. 57/2005 s. 50(2)(e). (dc) an offence against any of the following sections of the Crimes Act 1914 of the Commonwealth: (i) section 50BA(1) (sexual intercourse with child under 16); (ii) section 50BB(1) (inducing child under 16 to engage in sexual intercourse); (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;
3 Serious violent offences This clause applies to the following offences— (a) murder; Sch. 1 cl. 3(b) amended by No. 69/1997 s. 21. (b) an offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections of the Crimes Act 1958: (i) section 16 (causing serious injury intentionally); (ii) section 19A (intentionally causing a very serious disease); (iii) section 20 (threats to kill); Sch. 1 cl. 3(c) amended by No. 69/1997 s. 21. (c) an offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following provisions (as amended) of the Crimes Act 1958 repealed on 24 March 1986 by section 8(2) of the Crimes (Amendment) Act 1985: (i) section 17 (intentionally causing grievous bodily harm or shooting, etc. with intention to do grievous bodily harm or to resist or prevent arrest); (ii) section 35B (making demand with threat to kill or injure or endanger life); Sch. 1 cl. 3(d) amended by No. 57/2005 s. 50(4)(a). (d) an offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in paragraphs (a) to (c); Sch. 1 cl. 3(e) inserted by No. 57/2005 s. 50(4)(b). (e) 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 (d). Sch. 1
4 Drug offences This clause applies to the following offences— (a) an offence against any of the following sections of the Drugs, Poisons and Controlled Substances Act 1981: Sch. 1 cl. 4(a)(i) substituted by No. 61/2001 s. 14(1). (i) section 71 (trafficking in a quantity of a drug or drugs of dependence that is not less than the large commercial quantity applicable to that drug or those drugs); Sch. 1 cl. 4(a)(ii) substituted by No. 61/2001 s. 14(1). (ii) section 71AA (trafficking in a quantity of a drug or drugs of dependence that is not less than the commercial quantity applicable to that drug or those drugs); Sch. 1 Sch. 1 cl. 4(a)(iii) substituted by No. 61/2001 s. 14(1). (iii) section 72 (cultivation of a narcotic plant in a quantity of a drug of dependence, being a narcotic plant, that is not less than the large commercial quantity applicable to that narcotic plant); Sch. 1 cl. 4(a)(iv) substituted by No. 61/2001 s. 14(1). (iv) section 72A (cultivation of a narcotic plant in a quantity of a drug of dependence, being a narcotic plant, that is not less than the commercial quantity applicable to that narcotic plant); 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;
Statute Law Revision Act 2005, No. 10/2005 Assent Date: 27.4.05 Commencement Date: S. 4(Sch. 2 item 2) on 28.4.05: s. 2 : This information relates only to the provision/s amending the Sentencing Act 1991 Sentencing (Further Amendment) Act 2005, No. 15/2005 Assent Date: 10.5.05 Commencement Date: Ss 3–6 on 11.5.05: s. 2 : This information relates only to the provision/s amending the Sentencing Act 1991 Legal Profession (Consequential Amendments) Act 2005, No. 18/2005 Assent Date: 24.5.05 Commencement Date: S. 18(Sch. 1 item 97) on 12.12.05: Government Gazette 1.12.05 p. 2781 : This information relates only to the provision/s amending the Sentencing Act 1991 Magistrates' Court (Judicial Registrars and Court Rules) Act 2005, No. 19/2005 Assent Date: 24.5.05 Commencement Date: S. 11(2) on 25.5.05: s. 2(1) : This information relates only to the provision/s amending the Sentencing Act 1991 Endnotes Parliamentary Administration Act 2005, No. 20/2005 Assent Date: 24.5.05 Commencement Date: S. 52(3) on 1.7.05: s. 2(4) : This information relates only to the provision/s amending the Sentencing Act 1991 Courts Legislation (Miscellaneous Amendments) Act 2005, No. 30/2005 Assent Date: 21.6.05 Commencement Date: S. 8 on 22.6.05: s. 2(1) : This information relates only to the provision/s amending the Sentencing Act 1991 Sex Offenders Registration (Amendment) Act 2005, No. 34/2005 Assent Date: 21.6.05 Commencement Date: S. 27 on 1.8.05: Government Gazette 28.7.05 p. 1642 : This information relates only to the provision/s amending the Sentencing Act 1991 Emergency Service Act 2005, No. 51/2005 Assent Date: 24.8.05 Commencement Date: S. 58(7)(8) on 1.11.05: Government Gazette 20.10.05 p. 2308 : This information relates only to the provision/s amending the Sentencing Act 1991