Victorian Consolidated Legislation

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - SECT 29

Non-compliance with non-custodial supervision order

29. Non-compliance with non-custodial supervision order



(1) A person having the supervision of a person under a non-custodial
supervision order (the supervisor) or the Secretary to the Department of Human
Services may apply to the court that made the order for a variation of the
order if it appears to the supervisor or the Secretary that the person subject
to the order has failed to comply with it.



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(3) The court may order that a warrant to arrest be issued against the person
subject to the order if he or she does not attend before the court on the
hearing of the application.

(4) If the court is satisfied by evidence on oath, whether orally or by
affidavit, or by the admission of the person subject to the order that the
person has failed to comply with the order, the court must, by order-

   (a)  confirm the order; or

   (b)  vary the conditions of the order; or

   (c)  vary the order to a custodial supervision order.

(5) If the court varies the order to a custodial supervision order before the
end of the nominal term, that nominal term continues to run.



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