Victorian Consolidated Legislation

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - SECT 28

Nominal term of supervision order

28. Nominal term of supervision order



(1) The court must set a nominal term of a supervision order in accordance
with the following table-

Offence person found not guilty of because of mental impairment or found at
special hearing to have committed

Nominal term (a) murder or treason 25 years (b) a serious offence (within the
meaning of the Sentencing Act 1991) other than-

   (i)  murder; or

   (ii) an offence against section 20 of the Crimes Act 1958 (threats to kill)
        a period equivalent to the maximum term of imprisonment available for
        the offence

Offence person found not guilty of because of mental impairment or found at
special hearing to have committed

Nominal term (c) any other offence for which there is a statutory maximum term
of imprisonment a period equivalent to half the maximum term of imprisonment
available for the offence (d) any other offence punishable by imprisonment but
for which there is no statutory maximum term a period specified by the court

(2) If a person-

   (a)  is found not guilty because of mental impairment of more than one
        offence; or

   (b)  is found at a special hearing to have committed more than one offence-

the nominal term must be calculated by reference to the offence that carries
the longest maximum term of imprisonment.

(3) For the purpose of subsection (2), the maximum term of imprisonment-

   (a)  for murder or treason is to be taken to be 25 years;

   (b)  for any other offence punishable by imprisonment for which there is no
        statutory maximum term, is a period specified by the court.

(4) In setting a nominal term for a supervision order, the court must declare
the day from which the nominal term runs.





(5) For the purpose of declaring a day under subsection (4), the court may
take into account any period of time during which the person subject to the
order was held in custody or detained in an appropriate place in relation to
proceedings for the offence which led to the making of the supervision order
or proceedings arising from those proceedings (including proceedings under
this Act and appeals).