Victorian Consolidated Legislation

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - SECT 35

Major reviews

35. Major reviews



(1) The court that made a supervision order must undertake a major review of
the order-

   (a)  at least 3 months before the end of the nominal term of the order; and

   (b)  thereafter at intervals not exceeding 5 years for the duration of the
        order.

(2) The purpose of a major review is to determine whether the person subject
to the order is able to be released from it.

(3) On a major review, the court-

   (a)  if the supervision order is a custodial supervision order-

   (i)  must vary the order to a non-custodial supervision order, unless
        satisfied on the evidence available that the safety of the person
        subject to the order or members of the public will be seriously
        endangered as a result of the release of the person on a non-custodial
        supervision order; or

   (ii) if so satisfied, must confirm the order or vary the place of custody;

   (b)  if the supervision order is a non-custodial supervision order-

   (i)  may confirm the order; or

   (ii) may vary the conditions of the order; or

   (iii) may revoke the order.

(4) If the court confirms a custodial supervision order on a major review, the
court may grant extended leave to the person subject to the order, without the
need for a separate application for leave, if the court could have granted
extended leave to the person on an application under section 57.