Victorian Consolidated Legislation

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - SECT 32

Variation of custodial supervision orders

32. Variation of custodial supervision orders



(1) On an application under section 31 for variation of a custodial
supervision order or on a review of a custodial supervision order directed
under section 27(2) or on a further review of a custodial supervision order
directed under subsection (5) or section 33(2), the court must, by order-

   (a)  confirm the order; or

   (b)  vary the place of custody; or

   (c)  subject to this section, vary the order to a non-custodial supervision
        order.

(2) The court must not vary a custodial supervision order to a non-custodial
supervision order during the nominal term unless satisfied on the evidence
available that the safety of the person subject to the order or members of the
public will not be seriously endangered as a result of the release of the
person on a non-custodial supervision order.

(3) In the case of a forensic patient or forensic resident-

   (a)  the court must not vary a custodial supervision order to a
        non-custodial supervision order (whether during or after the nominal
        term) unless the forensic patient or forensic resident has completed a
        period of at least 12 months extended leave granted by the court under
        section 57; and

   (b)  in deciding an application to vary a custodial supervision order to a
        non-custodial supervision order, the court must take into account
        whether or not the forensic patient or forensic resident has complied
        with any conditions of their extended leave.



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

(5) Unless the court revokes the order, the court may direct that the matter
be brought back to the court for further review at the end of the period
specified by the court.

(6) A direction may be given under subsection (5) more than once.