S. 3(1) def. of of Community Services repealed by No. 46/1998 s. 7(Sch. 1). * * * * * S. 3(1) def. of of Corrections repealed by No. 45/1996 s. 18(Sch. 2 item 11.1). * * * * * s. 3 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 of person repealed by No. 43/2010 s. 48(1)(a).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; dependent
S. 3(1) def. of Regional Manager amended by No. 2/2002 s. 4(2). Regional Manager, in relation to a drug treatment order, an intensive correction order or a community-based 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 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). residential treatment order means an order made under section 80(2)(b); 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). Secretary has the same meaning as Secretary in the Community Services Act 1970; 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 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 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). 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— (i) section 16 (causing serious injury intentionally); (ii) section 20 (threats to kill); (iii) section 38 (rape); (iv) section 40 (assault with intent to rape);
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). unpaid community work condition in relation to a community-based order, means the condition referred to in section 39; 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 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. 6AD inserted by No. 13/2003 s. 4. 6AD Procedural requirements s. 6AD If the Court of Appeal decides to give or review a guideline judgment it must— (a) cause the Sentencing Advisory Council to be notified and consider any views stated in writing, within the period specified in the notification, by that Council; and (b) give— 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. 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— s. 17 (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. 18 S. 18(1) amended by Nos 48/1997 s. 11(1), 69/1997 s. 6(1)(a)(b), 10/1999 s. 18(1), substituted by No. 82/2006 s. 3(1). (1) If an offender is— (a) in respect of an offence sentenced to a term of imprisonment or to a period of detention in an approved mental health service under a hospital security order; or (b) under section 31 ordered to serve the whole or part of a sentence or part sentence of imprisonment held in suspense—
S. 20(1)(a) amended by No. 19/1999 s. 7(1). (a) that the offender does not commit, whether in or outside , another offence punishable by imprisonment during the period of the order; (b) that the offender reports to a specified community corrections centre within 2 clear working days after the coming into force of the order; S. 20(1)(c) amended by No. 19/1999 s. 7(2). (c) that the offender reports to, or receives visits from, a community corrections officer at least twice during each week of the period of the order or a shorter period specified in the order for this purpose; S. 20(1)(d) amended by No. 19/1999 s. 7(2). (d) that the offender attends at the specified community corrections centre, or as otherwise directed by a community corrections officer, for 12 hours during each week of the period of the order or a shorter period specified in the order for this purpose for the purpose of— (i) performing unpaid community work as directed by the Regional Manager for not less than 8 of those hours; and (ii) spending the balance (if any) of those hours undergoing counselling or treatment for a specified psychological, psychiatric, drug or alcohol problem as directed by the Regional Manager; (e) that the offender notifies an officer at the specified community corrections centre of any change of address or employment within 2 clear working days after the change; (f) that the offender does not leave Victoria except with the permission of an officer at the specified community corrections centre granted either generally or in relation to the particular case;
S. 26(3B) inserted by No. 48/1997 s. 13(3), amended by No. 19/1999 s. 7(6). (3B) Despite anything to the contrary in subsection (3A), if on the hearing of a charge the court finds the offender guilty of the offence and is satisfied that the offence was constituted, in whole or in part, by the offender committing, whether in or outside Victoria, another offence punishable by imprisonment during the period of the intensive correction order, it must, in addition to any fine it may impose under subsection (3A), exercise the power referred to in paragraph (c) of that subsection unless it is of the opinion that it would be unjust to do so in view of any exceptional circumstances which have arisen since the intensive correction order was made. S. 26(3C) inserted by No. 48/1997 s. 13(3). (3C) If the court decides not to exercise the power referred to in subsection (3A)(c), it must state in writing its reasons for so deciding. S. 26(4) amended by No. 48/1997 s. 13(4)(a). (4) If a court orders an offender to serve in prison the unexpired portion of the term of imprisonment, the term must be served— (a) immediately; and S. 26(4)(b) amended by No. 48/1997 s. 13(4)(b). (b) unless the court otherwise orders, cumulatively on any other term of imprisonment previously imposed on the offender by that or any other court. s. 26 (5) A fine imposed under this section— (a) does not affect the continuance of the order, if it is still in force; and (b) must be taken for all purposes to be a fine payable on a conviction of an offence. Pt 3 Div. 2 Subdiv. (2A) (Heading and ss 26L–26ZR) inserted by No. 30/2010 s. 14. Subdivision (2A)—Home detention orders
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 subsequent sentence exceeds the relevant maximum period set out in subsection (3)— the subsequent sentence must be taken to be a sentence that the young offender be detained after the completion of the prior sentence for the period then remaining until that maximum period is reached. 33 Sentences to be concurrent unless otherwise directed s. 33 S. 33(1) amended by No. 48/1997 ss 16(7)(8), 17(7). (1) Every term of detention imposed on a young offender by a court (except one imposed in default of payment of a fine or sum of money) must, unless otherwise directed by the court, be served concurrently with any uncompleted sentence or sentences of detention or imprisonment imposed on the young offender, whether before or at the same time as that term.
in the services specified in the justice plan for a period of up to 2 years specified by the court or the period of the sentence, whichever is the shorter; or (b) impose a sentence referred to in subsection (1)(ba), if the court is satisfied that subsection (2A) applies, the court may make a residential treatment order requiring the offender to be detained for a period of up to 5 years as is specified in the order in the residential treatment facility specified in the plan of available services to receive the treatment specified in the plan of available services. S. 80(2A) inserted by No. 23/2006 s. 227(4). (2A) A court may only impose a sentence referred to in subsection (1)(ba) if— (a) the offence is a serious offence within the meaning of subsection (2B); and (b) the Secretary to the Department of Human Services has specified— s. 80 (i) that the person is suitable for admission to a residential treatment facility; and (ii) in the plan of available services that services are available in a residential treatment facility. S. 80(2B) inserted by No. 23/2006 s. 227(4). (2B) In subsection (2A), serious offence means— (a) a serious offence within the meaning of the definition of serious offence in section 3(1); or (b) an offence against section 39 of the Crimes Act 1958 (indecent assault). S. 80(3) amended by No. 46/1998 s. 7(Sch. 1). (3) If a court imposes a special condition under subsection (2), it must cause a copy of the sentence to be supplied to the Secretary.
whether to impose a fine on the offender under section 49. S. 83D inserted by No. 65/2004 s. 3. 83D Definitions (1) In this Part— administrators means the person or persons responsible for the administration of a relevant superannuation scheme; S. 83D(1) def. of authorised person amended by No. 68/2009 s. 97(Sch. item 110.60). authorised person means— (a) the Director of Public Prosecutions; or (b) if the relevant offence is an indictable offence heard and determined summarily, the Chief Commissioner of Police; dependant, in relation to an offender, means— s. 83D (a) a child of the offender; or (b) any other person who in the opinion of the court is dependent on the offender or has a legal right to look to the offender for financial support; S. 83D(1) def. of domestic partner substituted by No. 12/2008 s. 73(1)(Sch. 1 item 56.1). domestic partner of an offender means— (a) a person who is in a registered relationship with the offender; or (b) a person to whom the offender is not married but with whom, in the opinion of the court, the offender is living as a couple on a genuine domestic basis (irrespective of gender);
S. 83D(1) def. of excluded public body amended by No. 24/2006 s. 6.1.2(Sch. 7 item 35(a)). excluded public body means— (a) a Council within the meaning of section 3(1) of the Local Government Act 1989; (b) a university within the meaning of the Education and Training Reform Act 2006 that is a body politic and is governed by a council, some of the members of which are appointed by the Governor in Council or a Minister; member contributions by way of salary sacrifice does not include employer contributions for which the employer is or has been liable under the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth, under an industrial award or agreement or under the provisions of the governing instrument of the relevant superannuation scheme and which are included in the total remuneration package of a public sector employee; member financed component means the amount of the superannuation benefit or superannuation benefits financed by member contributions (including member contributions by way of salary sacrifice, child contributions, spouse contributions or Government cocontributions) as at the relevant date as determined by the administrators of the relevant superannuation scheme after, where appropriate, obtaining advice from an actuary appointed by the administrators; offender means a person who has been convicted of a relevant offence; s. 83D
than as a public sector employee; and (b) any relevant interest amount; s. 83D SG component means the amount determined by the administrators of a relevant superannuation scheme after, where appropriate, obtaining the advice of an actuary appointed by the administrators to be the amount that would have been the minimum employer financed amount necessary to avoid a superannuation guarantee shortfall within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth in respect of the period during which the offender was a public sector employee which falls within the period commencing on 1 July 1992 and ending on the relevant date; superannuation order means an order made under section 83F; superannuation scheme means a scheme one of the purposes of which is to provide superannuation benefits or pensions; Treasury bond rate means the Treasury bond rate for the last working day of a financial year for bonds with a 10 year term being— (a) if any Treasury bonds with that term were issued on that day, the annual yield on those Treasury bonds; or (b) in any other case, the annual yield on Treasury bonds with that term as published by the Reserve Bank of for that day; value of the total superannuation benefit as at the relevant date means— s. 83D
(3) A court must not extend time under subsection (1) without giving the offender a reasonable opportunity to be heard on the matter. S. 87G inserted by No. 80/2001 s. 4. 87G How offender may appear on an application In a proceeding on an application for a cost recovery order the offender— (a) may appear personally; or (b) may be represented— S. 87G(b)(i) amended by No. 18/2005 s. 18(Sch. 1 item 97.2). (i) by a lawyer; or (ii) with the leave of the court, by any other person. S. 87H inserted by No. 80/2001 s. 4. may have regard to relevant facts s. 87H (1) In hearing and determining an application for a cost recovery order, a court may have regard to any relevant facts appearing from— (a) evidence given at the hearing of the charge; or S. 87H(1)(b) amended by No. 68/2009 s. 97(Sch. item 110.67). (b) any statement of the material facts relevant to the charge given to a court in a proceeding for the offence by the prosecution and not disputed by or on behalf of the accused; or (c) the available documents— together with admissions made by or on behalf of any person in connection with the application. (2) In subsection (1)(c) the available documents means— (a) any written statements or admissions which were made for use, and would have been admissible, as evidence on the hearing of the charge; or
S. 95B(1) amended by No. 15/2005 s. 4. (1) A victim impact statement contains particulars of the impact of the offence on the victim and of any injury, loss or damage suffered by the victim as a direct result of the offence. S. 95B(1A) inserted by No. 18/2010 s. 7. (1A) A victim impact statement may include photographs, drawings or poems and other material that relates to the impact of the offence on the victim or to any injury, loss or damage suffered by the victim as a direct result of the offence. S. 95B(2) amended by No. 19/1999 s. 14(1). (2) The court may rule as inadmissible the whole or any part of a victim impact statement, including the whole or any part of a medical report attached to it. S. 95BA inserted by No. 19/1999 s. 13. 95BA Medical reports (1) A medical report may be attached to a victim impact statement. (2) In this section—
Pt 9A (Heading and ss inserted by No. 13/2003 s. 6. S. 108A inserted by No. 13/2003 s. 6. 108A Definitions s. 108A In this Part— Board means board of directors of the Council; chairperson means chairperson of the Board; Council means Sentencing Advisory Council established under section 108B; director means chairperson or other director of the Council; guideline judgment has the same meaning as in Part 2AA. S. 108B inserted by No. 13/2003 s. 6. 108B Establishment of Sentencing Advisory Council (1) The Sentencing Advisory Council is established. (2) The Council— (a) is a body corporate with perpetual succession; (b) has an official seal; (c) may sue and be sued in its corporate name; (d) subject to section 108D, may acquire, hold and dispose of personal property; (e) subject to section 108D, may do and suffer all acts and things that a body corporate may by law do and suffer. (3) All courts must take judicial notice of the official seal of the Council affixed to a document and, until the contrary is proved, must presume that it was duly affixed.
S. 120 inserted by No. 57/1998 s. 27. 120 Transitional provisions (1998 amendments) The amendments of this Act made by a provision of section 26 of the Road Safety (Amendment) Act 1998 do not apply to a person who applies for an order within 18 months after the commencement of that provision. S. 121 inserted by No. 10/1999 s. 19, substituted by No. 1/2000 s. 9. 121 Transitional provision—Courts and Tribunals Legislation (Amendment) Act 2000 The amendments of this Act made by section 8 of the Courts and Tribunals Legislation (Amendment) Act 2000 apply in relation to any application for leave to appeal determined on or after the commencement of that section, whether notice of the application was given before or after that commencement. S. 122 inserted by No. 19/1999 s. 15. 122 Transitional provisions—Sentencing (Amendment) Act 1999 s. 121 (1) An amendment of this Act made by a provision of section 5, 6, 7 or 8 of the Sentencing (Amendment) Act 1999 applies to a sentence imposed after the commencement of that provision, irrespective of when the offence was committed and, for this purpose, a sentence imposed by an appellate court on setting aside a sentencing order must be taken to have been imposed at the time the original sentencing order was made. (2) Section 83A applies to any finding of guilt made after the commencement of section 9 of the Sentencing (Amendment) Act 1999, irrespective of when the offence was committed. (3) The amendment of section 86 of this Act made by a provision of section 10 or 12(2) of the Sentencing (Amendment) Act 1999 applies to an application made under that section of this Act after the commencement of that provision,
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; Sch. 1 cl. 4(a)(vi) inserted by No. 61/2001 s. 14(1). Sch. 1 (vi) section 80(1) or 80(3)(b) (aiding and abetting, etc) in circumstances where the offence aided, abetted, counselled, procured, solicited or incited is an offence against section 71, 71AA, 72 or 72A of that Act or an offence under a law in force in a place outside
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 Working with Children Act 2005, No. 57/2005 (as amended by No. 93/2005)