Victorian Consolidated Legislation

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - SECT 26

PART 5 DISPOSITION OF PEOPLE DECLARED TO BE LIABLE TO SUPERVISION

Supervision orders

26. Supervision orders



(1) If a court declares that a person is liable to supervision under this
Part, the court must make a supervision order in respect of the person4.

(2) A supervision order may-

   (a)  commit the person to custody (custodial supervision order)-

   (i)  subject to subsection (3), in an appropriate place; or

   (ii) subject to subsection (4), in a prison; or

   (b)  release the person on conditions decided by the court and specified in
        the order (non-custodial supervision order).

(3) The court must not make a supervision order-

   (a)  committing a person to custody in an appropriate place; or

   (b)  providing for a person to receive services in an appropriate place or
        from a contracted service provider or the Secretary to the Department
        of Human Services-

unless it has received a certificate under section 47 stating that the
facilities or services necessary for the order are available.

(4) The court must not make a supervision order committing a person to custody
in a prison unless it is satisfied that there is no practicable alternative in
the circumstances.





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(8) A person who is detained in custody in an appropriate place under a
supervision order is deemed to be in the custody of the Secretary to the
Department of Human Services5.