Sentencing Act 1991 - Victorian Legislation and Parliamentary ...

Version No. 110
Sentencing Act 1991 No. 49 of 1991 Version incorporating amendments as at 15 January 2009
table of provisions
Section Page Part 1-Preliminary 1 1 Purposes 1
2 Commencement 3
3 Definitions 3
4 Application 16 Part 2-Governing Principles 17 5 Sentencing guidelines 17
5A Repealed 23
6 Factors to be considered in determining offender's character 23
6AAA Sentence discount for guilty plea 23 Part 2AA-Guideline Judgments 25 6AA Definition 25
6AB Power of Court of Appeal to give or review guideline
judgments 25
6AC Content of guideline judgment 26
6AD Procedural requirements 27
6AE Matters to which Court of Appeal must have regard 27
6AF Use of evidence in giving or reviewing guideline judgment 28
6AG Relationship between guideline judgments and other sentencing matters
28 Part 2A-Serious Offenders 29 6A Application of Part 29
6B Definitions for purposes of this Part 29
6C Factors relevant to consideration of whether offender is a
serious offender 31
6D Factors relevant to length of prison sentence 32
6E Sentences to be served cumulatively 33
6F Serious offender status to be noted on record 33 Part 2B-Continuing Criminal Enterprise Offenders 34 6G Application of Part 34
6H Definitions for purposes of this Part 34
6I Increased maximum penalty for CCE offences 35
6J CCE offender status to be noted on record 35 Part 3-Sentences 36 Division 1-General 36 7 Sentencing orders 36
8 Conviction or non-conviction 38 Division 2-Custodial orders 39 Subdivision (1)-Imprisonment 39 9 Aggregate sentence of imprisonment 39
10 Repealed 40
11 Fixing of non-parole period by sentencing court 40
12 References to non-parole period 41
13 Fixing of non-parole period otherwise than by sentencing
court 41
14 Fixing of new non-parole period in respect of multiple
sentences 43
15 Order of service of sentences 43
16 Sentences-whether concurrent or cumulative 44
17 Commencement of sentences 47
18 Time held in custody before trial etc. to be deducted from sentence
49 Subdivision (1A)-Indefinite sentences 52 18A Indefinite sentence 52
18B When court may impose indefinite sentence in respect of
serious offence 53
18C Application for indefinite sentence 54
18D Adjournment of sentencing 55
18E Hospital security orders 55
18F Sentencing hearing 56
18G Reasons for indefinite sentence 57
18H Review of indefinite sentence 57
18I Court may order reports 58
18J Distribution of reports 58
18K Disputed report 59
18L Review hearing 59
18M Outcome of review 60
18N Re-integration program 60
18O Appeal 61
18P Offender to be present during hearings 62 Subdivision (1B)-Combined custody and treatment orders 63 18Q Combined custody and treatment order 63
18R Core conditions 64
18S Program conditions 65
18T Offender may be fined as well 66
18U Secretary may direct offender to report at another place 66
18V Suspension of combined custody and treatment order 66
18VA Variation of combined custody and treatment order 67
18W Breach of combined custody and treatment order 68 Subdivision (1C)-Drug treatment orders 71 18X Purposes of drug treatment order 71
18Y Order only available at Drug Court 71
18Z When drug treatment order can be made 72
18ZA Order can cover multiple offences 74
18ZB Effect of Drug Court declining to make an order 74
18ZC The parts of a drug treatment order 74
18ZD Sentence of imprisonment must be imposed 75
18ZE Activation of custodial part of an order 75
18ZF Core conditions 77
18ZG Program conditions 78
18ZH Variation on assessing offender's progress 80
18ZI Case conferences 81
18ZJ Rewards for complying with conditions 81
18ZK Cancellation as a reward 82
18ZL Failure to comply with conditions 83
18ZM Service in a secure custody facility 85
18ZN Commission of certain offences 87
18ZO Drug Court may hear and determine certain offences 89
18ZP Cancellation 91
18ZQ Drug treatment order assessment reports 93
18ZR Appeals 96
18ZS Immunity from prosecution for certain offences 99 Subdivision (1D)-Home detention orders 100 18ZT Home detention order 100
18ZU Order not to be made if other residents object 100
18ZV Home detention not available for certain offences 101
18ZW Suitability of offender for home detention 102
18ZX Concurrent and consecutive and later sentences 103
18ZY Assessment for home detention 104
18ZZ Undertaking by offender 105
18ZZA Obligations of offender 106
18ZZB Core conditions governing home detention 106
18ZZC Special conditions 109
18ZZD Sentence not to affect eligibility for benefits 110
18ZZE Withdrawal of consent 110
18ZZF Revocation of order on application by offender or
Secretary 110
18ZZG Alleged breach of a home detention order 112
18ZZH Sanctions for minor breaches 112
18ZZI Serious breach of home detention order 112
18ZZJ Adult Parole Board may require offender to appear
before it 114
18ZZK Decision of Adult Parole Board 114
18ZZL Effect of revocation of home detention order 116
18ZZM Re-hearing of revocation made in absence of offender 117
18ZZN Reconsideration of revocation if approved residence
available 118
18ZZO Revocation of order by court 119
18ZZP Expiry of home detention order 119
18ZZQ Service of notices on offender 120
18ZZR Annual report 120 Subdivision (2)-Intensive correction orders 121 19 Intensive correction order 121
20 Core conditions 122
21 Special condition 123
22 Offender may be fined as well 124
23 Secretary may direct offender to report at another place 124
24 Suspension of intensive correction order 124
25 Variation of intensive correction order 125
26 Breach of intensive correction order 126 Subdivision (3)-Suspended sentences of imprisonment 129 27 Suspended sentence of imprisonment 129
28 Repealed 132
29 Effect of suspended sentence 132
30 Repealed 132
31 Breach of order suspending sentence 133 Subdivision (4)-Youth justice centre orders and youth residential centre
orders 139 32 Youth justice centre or youth residential centre order 139
33 Sentences to be concurrent unless otherwise directed 141
34 Commencement of sentences 142
35 Time held in custody before trial etc. to be deducted from sentence
144 Division 3-Community-based orders 146 36 When court may make community-based order 146
37 Core conditions 147
38 Program conditions 148
39 Community service condition 149
40 Supervision condition 150
41 Personal development condition 150
42 Community-based orders in respect of several offences 150
43 Offender may be fined as well 151
44 Secretary may direct offender to report at another place 151
45 Suspension of community-based order 152
46 Variation of community-based order 152
47 Breach of community-based order 153
48 Part payment of fine to reduce community service in default 156 Division 4-Fines 156 49 Power to fine 156
50 Exercise of power to fine 157
51 Aggregate fines 158
52 Amount of fine where no amount prescribed 159
53 Instalment order 159
54 Time to pay 159
55 Application by person fined 159
56 Order to pay operates subject to instalment order 160
57 Notice of orders to be given 161
58 Oaths 161
59 Application of fines etc. 161
60 Penalty payable to body corporate 161
61 Variation of instalment order or time to pay order 161
62 Enforcement of fines against natural persons 163
63 Terms of imprisonment or hours of unpaid work 168
64 Warrant to seize property returned unsatisfied 169
65 Costs 170
66 Enforcement of fines against bodies corporate 170
67 Recovery of penalties 171
68 Rules and regulations 172
69 Application to infringement enforcement procedure 173 Division 5-Dismissals, discharges and adjournments 173 Subdivision (1)-General 173 70 Purpose of orders under this Division 173
71 Abolition of common law bonds 174 Subdivision (2)-Release on conviction 174 72 Release on adjournment following conviction 174
73 Unconditional discharge 175
74 Compensation or restitution 175 Subdivision (3)-Release without conviction 175 75 Release on adjournment without conviction 175
76 Unconditional dismissal 177
77 Compensation or restitution 177 Subdivision (4)-Variation and breach of orders for release on adjournment
177 78 Variation of order for release on adjournment 177
79 Breach of order for release on adjournment 178 Division 6-Special conditions for intellectually disabled
offenders 181 80 Special condition of justice plans 181
81 Review of justice plan by Secretary 183
82 Review of special condition by sentencing court 183
82A Review of residential treatment order by sentencing court 185
83 Notice of application 186 Division 7-Deferral of sentencing in Magistrates' Court 187 83A Deferral of sentencing 187 Part 3A-Superannuation Orders 190 83B Purpose of Part 190
83C Application of Part 190
83D Definitions 190
83E Application for a superannuation order 198
83F Court may make a superannuation order 200
83G Effect of superannuation order 202
83H Provisions applying to a superannuation order