293 Division 1—Court Assessment Orders 293 90 What is a Court Assessment Order? 293 91 When may the court make a Court Assessment Order? 294 92 Contents of a Court Assessment Order and notification requirements 295 93 Effect and duration of Court Assessment Order 296 94 Court powers following Court Assessment Order 296 Division 2—Court Secure Treatment Orders 297 94A What is a Court Secure Treatment Order? 297 94B When may the court make a Court Secure Treatment Order? 297 94C Effect and duration of Court Secure Treatment Order 298 Division 3—Taking persons subject to Court Assessment Order or Court Secure Treatment Order 299 94D Custody of persons subject to Court Assessment Order or Court Secure Treatment Order 299 Division 4—Transitional Provisions 300 94E Definition 300 94F Assessment order and diagnosis, assessment and treatment order 300 94G Hospital security order 300 94H Restricted involuntary treatment order 301 94I Proceedings in relation to orders 301 303 Division 1—Explanation of orders 303 95 Explanation of orders 303 Division 3—Taking other charges into account 305 100 Disposal of other pending charges 305 Division 4—Passing of sentence 308 101 Time and place of sentence 308 102 Sentence by another judge or magistrate 309 103 Sentences not invalidated by failure to comply with procedural requirements 311 312 104 Correction of sentences by Supreme Court 312 104A Power to correct clerical mistakes, etc. 313
This Act comes into operation on a day or days to be proclaimed. S. 3 amended by No. 41/1993 s. 4(a). 3 Definitions (1) In this Act— S. 3(1) def. of accredited agency inserted by No. 57/1998 s. 26(3). accredited agency means a person or body approved under the Road Safety Act 1986 as an accredited agency; Adult Parole Board means Adult Parole Board established by section 61 of the Corrections Act 1986; S. 3(1) def. of alcohol exclusion condition inserted by No. 65/2011 s. 3(1). alcohol exclusion condition means a condition that may be attached to a community correction order under section 48J(1); S. 3(1) def. of alcoholic repealed by No. 43/2010 s. 48(1)(a). * * * * * S. 3(1) def. of approved drug and alcohol assessment agency inserted by No. 48/1997 s. 25(1), amended by Nos 46/2008 s. 287(a), 65/2011 s. 3(2). approved drug and alcohol assessment agency means a person or body approved under section 8I by the Secretary to the Department of Health for the purposes of Division 1B of Part 3;
S. 3(1) def. of Chief General Manager repealed by No. 46/1998 s. 7(Sch. 1). * * * * * S. 3(1) def. of chief psychiatrist amended by No. 26/2014 s. 429(1)(c)). chief psychiatrist means chief psychiatrist within the meaning of the Mental Health Act 2014; S. 3(1) def. of combined custody and treatment order inserted by No. 48/1997 s. 4(a), repealed by No. 65/2011 s. 3(14)(a). * * * * * S. 3(1) def. of order repealed by No. 65/2011 s. 3(14)(b). * * * * * S. 3(1) def. of community correction order inserted by No. 26/2012 s. 27(1). community correction order means an order made under Part 3A; s. 3 community corrections centre means community corrections centre established under Part 9 of the Corrections Act 1986; community corrections officer means community corrections officer appointed under Part 4 of the Corrections Act 1986; based
driver licence has the same meaning as in the Road Safety Act 1986; S. 3(1) def. of inserted by No. 2/2002 s. 4(1). Drug Court means the Drug Court Division of the Magistrates' Court; S. 3(1) def. of Drug Court officer inserted by No. 2/2002 s. 4(1), amended by No. 108/2004 s. 117(1) (Sch. 3 item 181.1). Drug Court officer means a person who— (a) is employed under Part 3 of the Public Administration Act 2004; and (b) exercises powers or performs functions in relation to the ; S. 3(1) def. of person repealed by No. 43/2010 s. 48(1)(a). * * * * * S. 3(1) def. of drug of addiction inserted by No. 42/1993 s. 60. drug of addiction means a drug of dependence within the meaning of the Drugs, Poisons and Controlled Substances Act 1981; s. 3 S. 3(1) def. of drug treatment order inserted by No. 2/2002 s. 4(1). drug treatment order means an order under Subdivision (1C) of Division 2 of Part 3; S. 3(1) def. of escape offence inserted by No. 41/1993 s. 4(b). escape offence means an offence against section 479C of the Crimes Act 1958; dependent
(c) costs incurred between the parties in a civil proceeding; or (d) costs incurred by third parties; or (e) money payable by an offender under an order of a court to an organisation that provides a charitable or community service or to the court for payment to such an organisation; S. 3(1) def. of fine conversion order inserted by No. 65/2011 s. 3(1), amended by Nos 26/2012 s. 27(3), 32/2013 s. 46(2). fine conversion order means an order made under section 64 or 66(3) of a kind referred to in section 66(2) or any order made under those provisions as varied under section 67; s. 3 S. 3(1) def. of fine default unpaid community work order inserted by No. 65/2011 s. 3(1), amended by Nos 26/2012 s. 27(4), 32/2013 s. 46(3). fine default unpaid community work order means an order made under section 69D, 69H(2)(a) or 69M(4) or any order made under those provisions as varied under section 69I; S. 3(1) def. of fines work order inserted by No. 32/2013 s. 46(4). fines work order means a fine conversion order or a fine default unpaid community work order; S. 3(1) def. of repealed by No. 19/1999 s. 16(1). * * * * *
S. 3(1) def. of psychiatric in-patient service repealed by No. 98/1995 s. 64(1)(c). * * * * * S. 3(1) def. of Regional Manager amended by No. 2/2002 s. 4(2), substituted by No. 65/2011 s. 3(8), amended by No. 26/2012 s. 27(6). Regional Manager, in relation to— (a) a drug treatment order; or (b) a community correction order; or s. 3 (ba) a fine conversion order; or (c) a fine default unpaid community work order— means the person appointed under Part 4 of the Corrections Act 1986 to be the Regional Manager of the region in which the community corrections centre specified in the order is located; S. 3(1) def. of residence restriction or exclusion condition inserted by No. 65/2011 s. 3(1). residence restriction or exclusion condition means a condition that may be attached to a community correction order under section 48G(1); S. 3(1) def. of residential treatment facility inserted by No. 23/2006 s. 226(b). residential treatment facility has the same meaning as it has in section 3(1) of the Disability Act 2006; 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 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; S. 3(1) def. of serious offence inserted by No. 41/1993 s. 4(e), amended by Nos 67/2000 s. 10(1)(a)(b), 77/2005 s. 8(4)(a), 82/2006 s. 7(1), 2/2006 s. 43(1) (as amended by No. 76/2006 s. 14(1)), 7/2008 s. 7(4)(a), 6/2013 s. 8. serious offence, for the purposes of Subdivision (1A) of Division 2 of Part 3 (indefinite sentences) and Subdivision (3) of that Division (suspended sentences of imprisonment), means— s. 3 (a) murder; or (b) manslaughter; or (baa) child homicide; or (ba) defensive homicide; or (c) an offence against any of the following sections of the Crimes Act 1958— (iaa) section 15A (causing serious injury intentionally in circumstances of gross violence); (iab) section 15B (causing serious injury recklessly in circumstances of gross violence); (i) section 16 (causing serious injury intentionally);
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) 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. 5(2BA)(b) amended by No. 21/2008 s. 25(1), repealed by No. 91/2009 s. 219(Sch. 3 item 2.1). * * * * * S. 5(2BB) inserted by No. 1/2005 s. 48. (2BB) For the purposes of subsection (2BA)(a), the court may request the Secretary within the meaning of the Serious Sex Offenders Monitoring Act 2005 to provide it with a report setting out— S. 5(2BB)(a) amended by No. 21/2008 s. 25(1). (a) the conditions of the extended supervision order or interim extended supervision order to which the offender is subject under that Act; and (b) the terms of any current directions or instructions given by the Adult Parole Board under section 16 of that Act in relation to that order. S. 5(2BC) inserted by No. 34/2005 s. 27, amended by No. 57/2005 s. 50(1). (2BC) In sentencing an offender a court must not have regard to any consequences that may arise under the Sex Offenders Registration Act 2004 or the Working with Children Act 2005 from the imposition of the sentence. S. 5(2BD) inserted by No. 91/2009 s. 219(Sch. 3 item 2.2). (2BD) In sentencing an offender, a court— (a) must not have regard to the fact that the offender is subject to an order made under the Serious Sex Offenders (Detention and Supervision) Act 2009 but, if relevant to the conditions of any sentence imposed by it, may have regard to the conditions (if any) imposed on that order and the terms of any current directions or instructions given by the Adult Parole Board under section 119, 120(2) or 121 of that Act; (b) must not have regard to any possibility or likelihood of an application being made
under that Act for an order in respect of the offender. S. 5(2BE) inserted by No. 91/2009 s. 219(Sch. 3 item 2.2), amended by No. 65/2011 s. 4(1). (2BE) For the purposes of subsection (2BD)(a), the court may request the Secretary to provide it with a report setting out— (a) the conditions of the supervision order or interim supervision order to which the offender is subject under that Act; and s. 5 (b) the terms of any current directions or instructions given by the Adult Parole Board under section 119, 120(2) or 121 of that Act in relation to that order. S. 5(2C) inserted by No. 60/1993 s. 26, amended by Nos 35/1999 s. 37(1)(a)(b), 68/2009 s. 97(Sch. item 110.2). (2C) In sentencing an offender a court may have regard to the conduct of the offender on or in connection with the trial or hearing as an indication of remorse or lack of remorse on his or her part. S. 5(2D) inserted by No. 60/1993 s. 26, substituted by No. 35/1999 s. 37(2), amended by Nos 68/2009 s. 97(Sch. item 110.3), 30/2010 s. 24. (2D) In having regard to the conduct of the offender under subsection (2C), the court may consider the extent to which the offender complied with, or failed to comply with, a requirement imposed on the offender by or under Part 5.5 of Chapter 5 of the Criminal Procedure Act 2009. S. 5(2E) inserted by No. 60/1993 s. 26, amended by Nos 109/1994 s. 34(14)(a), 19/1999 s. 16(2), 68/2009 s. 97(Sch. item 110.4). (2E) An offender who pleads guilty to an offence after the determination by the Court of Appeal of a question of law reserved under section 302(2) of the Criminal Procedure Act 2009 is to be taken to have pleaded guilty immediately after arraignment. s. 5
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. _______________ Pt 2B (Heading and ss 6G–6J) inserted by No. 108/1997 s. 148. S. 6G inserted by No. 108/1997 s. 148. 6G Application of Part s. 6G This Part applies to a court in sentencing a continuing criminal enterprise offender for a continuing criminal enterprise offence. S. 6H inserted by No. 108/1997 s. 148. 6H Definitions for purposes of this Part (1) In this Part— continuing criminal enterprise offence means an offence referred to in Schedule 1A; continuing criminal enterprise offender means an offender who is found guilty of— (a) a continuing criminal enterprise offence and who in another trial or hearing or more than one other trial or hearing had been found guilty of 2 or more relevant offences; (b) 2 continuing criminal enterprise offences and who in another trial or hearing had been found guilty of a relevant offence;
S. 9(2) amended by No. 50/2006 s. 38(3). (2) The term of an aggregate sentence of imprisonment imposed in accordance with subsection (1) must not exceed the total effective period of imprisonment that could have been imposed in respect of the offences in accordance with this Act if the court had imposed a separate sentence of imprisonment in respect of each of them. S. 9(3) amended by No. 50/2006 s. 38(4). (3) If a court proposes to impose an aggregate sentence of imprisonment, it must before doing so announce in open court, in language likely to be readily understood by the offender— s. 9 (a) the decision to impose an aggregate sentence and the reasons for doing so; and (b) the effect of the proposed aggregate sentence. S. 9(4) inserted by No. 30/2010 s. 5, amended by No. 48/2012 s. 44(1). (4) If a court imposes an aggregate sentence of imprisonment in respect of 2 or more offences, the court— (a) is not required to identify separate events giving rise to specific charges; and (b) is not required to announce— (i) the sentences that would have been imposed for each offence had separate sentences been imposed; or (ii) whether those sentences would have been imposed concurrently or cumulatively. S. 9(4A) inserted by No. 48/2012 s. 44(2). (4A) For the avoidance of doubt, an aggregate sentence of imprisonment may be imposed in respect of convictions for offences that are the subject of a rolled-up charge or a representative charge.
(a) state in writing the special reason; and (b) cause that reason to be entered in the records of the court. (5) The failure of a court to comply with subsection (4) does not invalidate any order made by it. 11 Fixing of non-parole period by sentencing court s. 11 (1) If a court sentences an offender to be imprisoned in respect of an offence for— (a) the term of his or her natural life; or S. 11(1)(b) amended by No. 48/1997 s. 28(1). (b) a term of 2 years or more— the court must, as part of the sentence, fix a period during which the offender is not eligible to be released on parole unless it considers that the nature of the offence or the past history of the offender make the fixing of such a period inappropriate. S. 11(2) amended by No. 48/1997 s. 28(1)(2). (2) If a court sentences an offender to be imprisoned in respect of an offence for a term of less than 2 years but not less than one year, the court may, as part of the sentence, fix a period during which the offender is not eligible to be released on parole. (3) A non-parole period fixed under subsection (1) or (2) must be at least 6 months less than the term of the sentence. (4) If a court sentences an offender to be imprisoned in respect of more than one offence, any period fixed under subsection (1) or (2) must be in respect of the aggregate period of imprisonment that the offender will be liable to serve under all the sentences then imposed.
(b) in any other case—at the end of the period of suspension. S. 17(6) amended by Nos 48/1997 s. 17(1), 48/2006 s. 42(Sch. item 32.3). (6) If an offender sentenced to a term of imprisonment and allowed to be or to go at large pending an appeal or the consideration of any question of law reserved or case stated is imprisoned or detained in a youth justice centre or youth residential centre under another sentence at the time when the appeal, question of law or case stated is finally determined, the first-mentioned sentence or the unexpired portion of it takes effect— (a) if it is to be served cumulatively on the sentence or sentences he or she is then undergoing—on the day that sentence is, or those sentences are, completed; or (b) in any other case—on the day on which the appeal, question of law or case stated is finally determined. (7) Subsection (6) applies unless the sentencing court or the court determining the appeal, question of law or case stated otherwise directs. (8) If a person serving a sentence of imprisonment becomes a security patient, an involuntary patient or a security resident, time spent as such counts in calculating the term to be served. 18 Time held in custody before trial etc. to be deducted from sentence
S. 18ZQ(10) amended by No. 68/2009 s. 97(Sch. item 110.27). (10) For the purposes of section 91 of the Corrections Act 1986, an officer referred to in that section who discloses to the specified officer information about the accused for the purposes of the preparation of a drug treatment order assessment report is taken to be performing his or her official duties. S. 18ZR inserted by No. 2/2002 s. 5. 18ZR Appeals s. 18ZR S. 18ZR(1) amended by No. 68/2009 s. 97(Sch. item 110.28). (1) On the hearing of an appeal under section 254 or 257 of the Criminal Procedure Act 2009 against a sentence imposed by the Magistrates' Court (including the Drug Court), the County Court cannot itself make a drug treatment order, despite anything to the contrary in section 256(2) or 259(2) (as the case requires) of that Act. S. 18ZR(2) amended by No. 68/2009 s. 97(Sch. item 110.29). (2) Part 6.1 of Chapter 6 of the Criminal Procedure Act 2009 applies with respect to appeals to the County Court against any sentence imposed by the with the following modifications— (a) an appeal does not lie against— (i) a refusal of the to make a drug treatment order; or (ii) a finding that an offender has failed to comply with a condition attached to a drug treatment order; or (iii) the variation of the treatment and supervision part of a drug treatment order; or s. 18ZR (iv) the cancellation of the treatment and supervision part, or the custodial part, of a drug treatment order; (b) if the appeal is against the custodial part of the drug treatment order and not against the
S. 33(2)(a) amended by No. 48/1997 s. 16(8). (a) cumulatively on any uncompleted sentence or sentences of detention or imprisonment imposed on the young offender in default of payment of a fine or sum of money; but S. 33(2)(b) amended by No. 48/1997 s. 16(8). (b) concurrently with any other uncompleted sentence or sentences of detention or imprisonment imposed on the young offender— whether that other sentence was, or those other sentences were, imposed before or at the same time as that term. S. 33(3) amended by No. 48/1997 ss 16(7)(9), 17(7). (3) A sentence of detention imposed on a young offender which is to be served concurrently with a sentence of imprisonment must be served as imprisonment in a prison until the young offender has served the sentence of imprisonment. (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 of any time during which service of it is suspended under subsection (2) or (3). S. 34(5) amended by No. 48/1997 ss 16(4), 17(7). (5) If a young offender to whom subsection (3) applies is in the period during which service of the sentence is suspended under that subsection detained or imprisoned under another sentence, the unexpired portion of the suspended sentence takes effect— s. 34 (a) if it is to be served cumulatively on the sentence or sentences he or she is then undergoing—on the day that sentence is, or those sentences are, completed; or (b) in any other case—at the end of the period of suspension. S. 34(6) amended by No. 48/1997 ss 16(4), 17(7). (6) If a young offender sentenced to a term of detention and allowed to be or to go at large pending an appeal or the consideration of any question of law reserved or case stated is detained or imprisoned under another sentence at the time
or otherwise) of the length of the period of custody. S. 35(4) amended by No. 48/1997 ss 11(6), 16(4). (4) If a young offender was held in custody in circumstances to which subsection (1) applies, then the court must declare the period to be reckoned as already served under the sentence and cause to be noted in the records of the court the fact that the declaration was made and its details. S. 35(5) amended by No. 48/1997 s. 16(1). (5) The person with custody of the record referred to in subsection (4) must indorse on the warrant or other authority for the detention of the young offender particulars of the matters referred to in that subsection. S. 35(6) amended by No. 48/1997 s. 16(7). s. 35 (6) If a young offender 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. (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— S. 35(8)(a) amended by No. 48/1997 s. 16(1). (a) the young offender; or (b) the Director of Public Prosecutions, if the sentencing court was the Supreme Court or the County Court; or
Note It is an offence under section 83AF for an offender to contravene a written direction given by the Secretary. 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
(9) When attaching an unpaid community work condition the court may specify that the condition applies for the period of the order or for any lesser period specified in the order. S. 48CA inserted by No. 32/2013 s. 29. 48CA Order with conditions under sections 48C and 48D (1) This section applies if a court when making a community correction order attaches both an unpaid community work condition and a treatment and rehabilitation condition to the order. (2) The court may determine that some or all of the hours satisfactorily undertaken for treatment and rehabilitation are to be counted as hours of unpaid community work for the purposes of the unpaid community work condition. (3) If a court makes a determination under subsection (2) but does not specify the number of hours undertaken for treatment and rehabilitation that are to be counted as hours of unpaid community work for the purposes of the unpaid community work condition then all of the hours satisfactorily undertaken for treatment and rehabilitation are to be so counted as hours of unpaid community work. S. 48D inserted by No. 65/2011 s. 21. 48D Treatment and rehabilitation condition s. 48CA (1) A court which is making a community correction order may attach a condition to the order that requires the offender to undergo treatment and rehabilitation specified by the court and directed by the Secretary unless otherwise directed by the court. (2) When attaching a treatment and rehabilitation condition the court must— (a) have regard to the need to address the underlying causes of the offending;
(3) In determining how to deal with an offender following the cancellation by it of an order, a court must take into account the extent to which the offender had complied with the order before its cancellation. (4) 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 hearing of the application. Division 3—Fine conversion order S. 64 substituted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 64 Fine conversion order s. 64 (1) If a court decides to fine an offender it may, on the application of the offender, order him or her to perform unpaid community work as directed by the Secretary for a number of hours fixed in accordance with section 69O. (2) An order can only be made under this section if— (a) the amount of the fine is not more than an amount equivalent to the value of 100 penalty units; or (b) the amount of the fine exceeds an amount equivalent to the value of 100 penalty units and the application is made for a part of it up to an amount equivalent to the value of 100 penalty units. (3) An order cannot be made under this section if the fine is a fine referred to in section 66. S. 65 substituted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 65 Application for order under section 64 (1) An offender who has been fined by a court may apply to the proper officer of that court in the manner prescribed by rules of that court for an order under section 64.
S. 69V inserted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 69V Terms of a fines work order s. 69V (1) The following terms are attached to each fines work order— (a) the offender must not commit (whether in or outside Victoria) during the period of the order, an offence punishable by imprisonment; (b) the offender must comply with any obligation or requirement prescribed by the regulations; (c) the offender must report to, and receive visits from, the Secretary during the period of the order; (d) the offender must report to the community corrections centre specified in the order within 2 clear working days after the order comes into force; (e) the offender must notify the Secretary of any change of address or employment within 2 clear working days after the change; (f) the offender must not leave Victoria except with the permission, either generally or in relation to a particular case, of the Secretary; (g) the offender must comply with any direction given by the Secretary that is necessary for the Secretary to give to ensure that the offender complies with the order. (2) A direction may be given by the Secretary under subsection (1)(g) either orally or in writing. S. 69W inserted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48). 69W Suspension by Secretary (1) The Secretary may suspend the operation of a fines work order or any condition of that order for a period.
S. 72(3) amended by Nos 48/1997 s. 28(1), 65/2011 s. 29(2), 26/2012 s. 56. (3) Subject to Division 2 of Part 3BA, a court may attach a justice plan condition that the offender participate in the services specified in a justice plan for a period of up to 2 years specified by the court or the period of the adjournment, whichever is the shorter. S. 72(4) amended by No. 68/2009 s. 97(Sch. item 110.50). (4) An offender who has given an undertaking under subsection (1) may be called on to attend before the court— (a) by order of the court; or (b) by notice issued by the proper officer of the court. S. 72(5) amended by No. 68/2009 s. 97(Sch. item 110.51). (5) An order or notice under subsection (4) must be served on the offender not less than 4 days before the time specified in it for the attendance. (6) If at the time to which the further hearing of a proceeding is adjourned the court is satisfied that the offender has observed the conditions of the undertaking, it must discharge the offender without any further hearing of the proceeding. 73 Unconditional discharge s. 73 A court may discharge a person whom it has convicted of an offence. 74 Compensation or restitution A court may make an order for compensation or restitution in addition to making an order under this Subdivision. Subdivision (3)—Release without conviction 75 Release on adjournment without conviction (1) A court, on being satisfied that a person is guilty of an offence, may (without recording a conviction) adjourn the proceeding for a period of
S. 79 amended by Nos 48/1997 s. 21, 10/1999 s. 30, 68/2009 s. 97(Sch. items 110.55– 110.58), repealed by No. 65/2011 s. 33. * * * * * Pt 3 Div. 6 (Heading) substituted as Pt 3B Div. 3 (Heading) by No. 65/2011 s. 34, renumbered as Pt 3BA Div. 2 by No. 26/2012 s. 58. Division 2—Intellectually disabled offenders S. 80 amended by Nos 48/1997 ss 14(8), 28(1), 46/1998 s. 7(Sch. 1), 23/2006 s. 227, substituted by No. 65/2011 s. 35. 80 Justice plan condition s. 80 (1) A court that is considering— (a) making a community correction order; or (b) releasing an offender on adjournment with or without recording a conviction— may attach a condition to the order directing that the offender participate in the services specified in the plan prepared under subsection (3)(c). (2) In attaching a condition under subsection (1) the court must— (a) consider the plan and the other information requested under subsection (3); and (b) have regard to those objectives and principles specified in Part 2 of the Disability Act 2006.
(4) 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 hearing of the application. S. 82(5) amended by No. 65/2011 s. 38(5). (5) If the court cancels the justice plan condition, it may cancel the sentence and, subject to subsection (6), deal with the offender for the offence or offences with respect to which the sentence was imposed in any manner in which the court could deal with the offender if it had just found the offender guilty of that offence or those offences. (6) In determining how to deal with an offender following the cancellation by it of a sentence, a court must take into account the extent to which the offender had complied with the sentence before its cancellation. S. 82AA inserted by No. 65/2011 s. 39. 82AA Residential treatment order s. 82AA (1) A court may make an order directing that the offender be detained for a period of up to 5 years in a specified residential treatment facility to receive specified treatment if— S. 82AA(1)(a) amended by No. 26/2012 s. 59. (a) the offender has been found guilty of a serious offence within the meaning of the definition of serious offence in section 3(1); or (b) the offender has been found guilty of an offence against section 39 of the Crimes Act 1958 (indecent assault). (2) If a court is considering making a residential treatment order the court may request— (a) a pre-sentence report in accordance with Division 1A of Part 3; and
the proceeding must not contravene that order, unless the offender has a reasonable excuse. Penalty: Level 10 fine. 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. 83ADA (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—
S. 84(8)(b) substituted by No. 68/2009 s. 97(Sch. item 110.62). (b) the depositions in the committal proceeding. S. 84(8)(c) repealed by No. 68/2009 s. 97(Sch. item 110.62). * * * * * (9) References in this section to— (a) stealing must be construed in accordance with subsections (1) and (4) of section 90 of the Crimes Act 1958; and (b) goods include references to a motor vehicle. 85 Enforcement of restitution order s. 85 S. 85(1) amended by Nos 108/1997 s. 156(f), 68/2010 s. 70(1). (1) Subject to section 30 or section 36ZA of the Confiscation Act 1997, an order made under subsection (1)(c) or (4) of section 84 must be taken to be a judgment debt due by the offender to the person in whose favour the order is made and payment of any amount remaining unpaid under the order may be enforced in the court by which it was made. (2) An order made under section 84, other than an order referred to in subsection (1), may be enforced in the court by which it was made by any means available to that court of enforcing an order made by it in a civil proceeding. Division 2—Compensation Pt 4 Div. 2 Subdiv. (1) (Heading and ss 85A–85M) inserted by No. 54/2000 s. 21. Subdivision (1)—Compensation for pain and suffering etc.
whichever is the later. (3) A court may require an amount payable under subsection (1) to be paid— (a) wholly as a lump sum; or (b) partly as a lump sum and partly by instalments; or (c) wholly by instalments. (4) A court must not make an order under subsection (1) without giving the offender a reasonable opportunity to be heard on the application for the order and without having regard to— (a) his or her financial resources (including earning capacity) and financial needs; and (b) any obligations owed by him or her to any other person; and (c) any other circumstances that the court considers relevant. s. 87A (5) A court is not prevented from making an order under subsection (1) only because it has been unable to find out the financial circumstances of the offender. S. 87A(6) amended by No. 18/2005 s. 18(Sch. 1 item 97.2). (6) An offender may appear on the hearing of an application under subsection (1) personally or by a lawyer or, with the leave of the court, by any other representative. (7) The court may at any time, on the application of the State or of the offender, vary an order made under subsection (1) (including an order that has been previously varied) in any manner that the court thinks fit. S. 87A(8) repealed by No. 54/2000 s. 23(3). * * * * *
when sentence was imposed in respect of that conviction. (12) The fact that an offence was taken into account under this section may be proved in the same manner as the conviction or convictions in respect of which it was taken into account may be proved. Division 4—Passing of sentence 101 Time and place of sentence s. 101 (1) The sentence for an offence may be imposed in open court at any time and at any place in . S. 101(2) amended by No. 68/2009 s. 97(Sch. item 110.74). (2) The judge or magistrate presiding at the trial or hearing of an offence or receiving a plea of guilty to an offence or any other judge or magistrate empowered to impose sentence may, when he or she thinks it desirable in the interests of justice so to do and from time to time if necessary— (a) fix, or indicate by reference to a fact or event, the time; and (b) fix the place— at which the sentence is to be imposed. (3) The judge or magistrate who is to impose sentence for an offence may— S. 101(3)(a) amended by No. 68/2009 s. 97(Sch. item 110.75). (a) release the person to be sentenced on the person giving an undertaking conditioned for that person's attendance at the proper time and place; or (b) make an order or orders for the removal in custody of that person from one place in to another.
(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. S. 108H inserted by No. 13/2003 s. 6. 108H Terms and conditions of office of directors (1) A director holds office— (a) subject to section 108I, for the term (not exceeding 3 years) that is specified in his or her instrument of appointment, and is eligible for re-appointment; and (b) on any other terms and conditions, not inconsistent with this Part, that are specified in his or her instrument of appointment. S. 108H(2) substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 181.3), 80/2006 s. 26(Sch. item 95). (2) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a director in respect of the office of director. S. 108I inserted by No. 13/2003 s. 6. 108I Vacancies and removal of directors from office s. 108H (1) A director's office becomes vacant— (a) on the expiry of his or her term of office; or (b) if he or she resigns from office under subsection (2); or
S. 113A inserted by No. 48/1997 s. 31. 113A Maximum term of imprisonment for summary offence s. 113 S. 113A(1) amended by No. 69/1997 s. 17. (1) If a person is convicted of a summary offence punishable, but for this section, by a term of imprisonment of more than 2 years, the maximum term of imprisonment to which a court may sentence the offender in respect of that offence is 2 years. (2) This section has effect despite anything to the contrary in any Act. S. 113B inserted by No. 48/1997 s. 31. 113B Maximum cumulative term of imprisonment imposable by Magistrates' Court The Magistrates' Court must not impose on any person in respect of several offences committed at the same time cumulative sentences of imprisonment to take effect in succession for a term exceeding in the whole 5 years unless that term is expressly provided by an Act. S. 113C inserted by No. 48/1997 s. 31. 113C Maximum term of imprisonment where none prescribed s. 113C If a person is convicted of an offence against an enactment punishable by imprisonment but the maximum term of imprisonment is not prescribed anywhere, the maximum term of imprisonment to which a court may sentence the offender in respect of that offence is 2 years. S. 113D inserted by No. 69/1997 s. 18. 113D Increased maximum fine for body corporate (1) If a body corporate is found guilty of an offence against the Crimes Act 1958 and the court has power to fine the body corporate, it may, unless
committed on or after the commencement of that Act. (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 the Sentencing (Emergency Service Costs) Act 2001, the offence is alleged to have been committed before that commencement. S. 126 inserted by No. 2/2002 s. 7. 126 Transitional provisions—Sentencing (Amendment) Act 2002 s. 126 Subdivision (1C) of Division 2 of Part 3 applies to the sentencing of a person for an offence, irrespective of when the offence was committed. S. 126B inserted by No. 1/2002 s. 14. 126B Application of amendment made by the Road Safety (Alcohol Interlocks) Act 2002 S. 126B(1) substituted by No. 49/2004 s. 45(1). (1) Subject to subsection (1A), on and from the commencement of Part 9 of the Transport Legislation (Miscellaneous Amendments) Act 2004, section 89A applies to offences, irrespective of when they were committed including (for the avoidance of doubt) whether they were committed before, on or after the commencement of section 14 of the Road Safety (Alcohol Interlocks) Act 2002. S. 126B(1A) inserted by No. 49/2004 s. 45(2). (1A) The application of section 89A to an offence continues as provided by subsection (1), as in force immediately before the commencement of Part 9 of the Transport Legislation (Miscellaneous Amendments) Act 2004 for the purposes of any application under section 89(2) for an order as to the issue of a driver licence made before that commencement.
or part of the building as a trespasser with intent to commit a sexual or indecent assault; Sch. 1 (xviii) section 77 (aggravated burglary) in circumstances where the offender entered the building or part of the building as a trespasser with intent to commit a sexual or indecent assault; Sch. 1 cl. 1(ab) inserted by No. 67/2000 s. 10(2)(b). (ab) 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; Sch. 1 cl. 1(ac) inserted by No. 67/2000 s. 10(2)(b). (ac) 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; Sch. 1 cl. 1(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 provisions (as amended) inserted in the Crimes Act 1958 on 5 August 1991 by section 3 of the Crimes (Sexual Offences) Act 1991 and repealed on 1 January 1992 by section 3 of the Crimes (Rape) Act 1991: Sch. 1 (i) section 40 (rape); (ii) section 41 (rape with aggravating circumstances);
(a) murder; (b) manslaughter; Sch. 1 cl. 2(baa) inserted by No. 7/2008 s. 7(4)(b). (baa) child homicide; Sch. 1 cl. 2(ba) inserted by No. 77/2005 s. 8(4)(b). (ba) defensive homicide; Sch. 1 cl. 2(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 sections of the Crimes Act 1958: Sch. 1 cl. 2(c)(iaa) inserted by No. 6/2013 s. 10(1). (iaa) section 15A (causing serious injury intentionally in circumstances of gross violence); Sch. 1 cl. 2(c)(iab) inserted by No. 6/2013 s. 10(1). (iab) section 15B (causing serious injury recklessly in circumstances of gross violence); (i) section 16 (causing serious injury intentionally); (ii) section 17 (causing serious injury recklessly); (iii) section 19A (intentionally causing a very serious disease); (iv) section 20 (threats to kill); (v) section 21 (threats to inflict serious injury); (vi) section 63A (kidnapping);
Sch. 1 cl. 3(b)(iaa) inserted by No. 6/2013 s. 10(2). (iaa) section 15A (causing serious injury intentionally in circumstances of gross violence); Sch. 1 cl. 3(b)(iab) inserted by No. 6/2013 s. 10(2). (iab) section 15B (causing serious injury recklessly in circumstances of gross violence); Sch. 1 (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
Sch. 1 cl. 4(b) amended by No. 93/2005 s. 15(1)(a)(b). (b) an offence against section 233B(1) of the Customs Act 1901 of the Commonwealth (narcotic goods) as in force immediately before the commencement of the Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 2005 of the Commonwealth, in the circumstances referred to in the following sections of that Act as in force immediately before that commencement: (i) section 235(2)(c)(i) (commercial quantity); (ii) section 235(2)(c)(ii)(A) (trafficable quantity and previous conviction involving trafficable quantity); Sch. 1 (iii) section 235(2)(c)(ii)(B) (trafficable quantity and previous finding that offender had committed offence involving trafficable quantity without conviction recorded); (iv) section 235(2)(d)(i) (trafficable quantity of narcotic goods other than cannabis); 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).
10 Contravention—Old community-based orders (1) An offender who is subject to an old order must not, unless that person has a reasonable excuse, contravene that order. Penalty: 3 months imprisonment. Sch. 3 cl. 10(1A) inserted by No. 26/2012 s. 70(1). (1A) An offender who is subject to an old order (fines) must not, unless that person has a reasonable excuse, contravene that order. Sch. 3 Penalty: Level 10 fine. Sch. 3 cl. 10(2) amended by No. 43/2012 s. 3(Sch. item 46.5). (2) Subclause (1) does not apply to a contravention of an old community-based order that occurs before the commencement of section 21 of the Sentencing Amendment (Community Correction Reform) Act 2011. Sch. 3 cl. 10(2A) inserted by No. 26/2012 s. 70(2). (2A) Subclause (1A) does not apply to a contravention of an old community-based order (fines) that occurs before the commencement of section 70 of the Courts and Sentencing Legislation Amendment Act 2012. Sch. 3 cl. 10(3) amended by Nos 26/2012 s. 70(3), 32/2013 s. 42(1)(2), 77/2013 s. 47(1). (3) Subject to subclause (4), Divisions 1 and 2 of Part 3C apply to an offence under subclause (1) as if any reference in Divisions 1 and 2 of that Part to an offence under section 83AD were a reference to an offence under subclause (1). Sch. 3 cl. 10(3A) inserted by No. 26/2012 s. 70(4), amended by No. 32/2013 s. 42(3), substituted by No. 77/2013 s. 47(2). (3A) Subject to subclause (4) in respect of an offence under subclause (1A)— (a) if the offence was committed before the commencement of section 50 of the Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act
__________________ __________________ Sch. 4 repealed by No. 48/1997 s. 34, new Sch. 4 inserted by No. 31/2013 s. 11. SCHEDULE 4 Sch. 4 1 Definitions In this Schedule— adjournment order means an adjournment order made under section 72 or 75; commencement day means the day on which the Justice Legislation Amendment Act 2013 receives the Royal Assent; community-based order means a order within the meaning of this Act as in force before the repeal day; donation condition means a condition requiring an offender to pay an amount to an organisation that provides a charitable or community service or to the court for payment to such an organisation; relevant order means— (a) an adjournment order; or (b) a community-based order; repeal day means the date of commencement of section 21 of the Sentencing Amendment (Community Correction Reform) Act 2011. 2 Validation of adjournment orders