SENTENCING ACT 1991

Victorian Consolidated Legislation

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SENTENCING ACT 1991

No. 49 of 1991
Version incorporating amendments as at 1 October 2009

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

1. Purposes
2. Commencement
3. Definitions
4. Application

PART 2-GOVERNING PRINCIPLES

5. Sentencing guidelines
5A. Repealed
6. Factors to be considered in determining offender's character
6AAA. Sentence discount for guilty plea

PART 2AA-GUIDELINE JUDGMENTS

6AA. Definition
6AB. Power of Court of Appeal to give or review guideline
judgments
6AC. Content of guideline judgment
6AD. Procedural requirements
6AE. Matters to which Court of Appeal must have regard
6AF. Use of evidence in giving or reviewing guideline judgment
6AG. Relationship between guideline judgments and other sentencing matters

PART 2A-SERIOUS OFFENDERS

6A. Application of Part
6B. Definitions for purposes of this Part
6C. Factors relevant to consideration of whether offender is a serious offender
6D. Factors relevant to length of prison sentence
6E. Sentences to be served cumulatively
6F. Serious offender status to be noted on record

PART 2B-CONTINUING CRIMINAL ENTERPRISE OFFENDERS

6G. Application of Part
6H. Definitions for purposes of this Part
6I. Increased maximum penalty for CCE offences
6J. CCE offender status to be noted on record

PART 3-SENTENCES

Division 1-General

7. Sentencing orders
8. Conviction or non-conviction

Division 2-Custodial orders
Subdivision (1)-Imprisonment

9. Aggregate sentence of imprisonment
10. Repealed
11. Fixing of non-parole period by sentencing court
12. References to non-parole period
13. Fixing of non-parole period otherwise than by sentencing
court
14. Fixing of new non-parole period in respect of multiple
sentences
15. Order of service of sentences
16. Sentences-whether concurrent or cumulative
17. Commencement of sentences
18. Time held in custody before trial etc. to be deducted from sentence
Subdivision (1A)-Indefinite sentences
18A. Indefinite sentence
18B. When court may impose indefinite sentence in respect of serious offence
18C. Application for indefinite sentence
18D. Adjournment of sentencing
18E. Hospital security orders
18F. Sentencing hearing
18G. Reasons for indefinite sentence
18H. Review of indefinite sentence
18I. Court may order reports
18J. Distribution of reports
18K. Disputed report
18L. Review hearing
18M. Outcome of review
18N. Re-integration program
18O. Appeal
18P. Offender to be present during hearings
Subdivision (1B)-Combined custody and treatment orders
18Q. Combined custody and treatment order
18R. Core conditions
18S. Program conditions
18T. Offender may be fined as well
18U. Secretary may direct offender to report at another place
18V. Suspension of combined custody and treatment order
18VA. Variation of combined custody and treatment order
18W. Breach of combined custody and treatment order
Subdivision (1C)-Drug treatment orders
18X. Purposes of drug treatment order
18Y. Order only available at Drug Court
18Z. When drug treatment order can be made
18ZA. Order can cover multiple offences
18ZB. Effect of Drug Court declining to make an order
18ZC. The parts of a drug treatment order
18ZD. Sentence of imprisonment must be imposed
18ZE. Activation of custodial part of an order
18ZF. Core conditions
18ZG. Program conditions
18ZH. Variation on assessing offender's progress
18ZI. Case conferences
18ZJ. Rewards for complying with conditions
18ZK. Cancellation as a reward
18ZL. Failure to comply with conditions
18ZM. Service in a secure custody facility
18ZN. Commission of certain offences
18ZO. Drug Court may hear and determine certain offences
18ZP. Cancellation
18ZQ. Drug treatment order assessment reports
18ZR. Appeals
18ZS. Immunity from prosecution for certain offences
Subdivision (1D)-Home detention orders
18ZT. Home detention order
18ZU. Order not to be made if other residents object
18ZV. Home detention not available for certain offences
18ZW. Suitability of offender for home detention
18ZX. Concurrent and consecutive and later sentences
18ZY. Assessment for home detention
18ZZ. Undertaking by offender
18ZZA. Obligations of offender
18ZZB. Core conditions governing home detention
18ZZC. Special conditions
18ZZD. Sentence not to affect eligibility for benefits
18ZZE. Withdrawal of consent
18ZZF. Revocation of order on application by offender or
Secretary
18ZZG. Alleged breach of a home detention order
18ZZH. Sanctions for minor breaches
18ZZI. Serious breach of home detention order
18ZZJ. Adult Parole Board may require offender to appear
before it
18ZZK. Decision of Adult Parole Board
18ZZL. Effect of revocation of home detention order
18ZZM. Re-hearing of revocation made in absence of offender
18ZZN. Reconsideration of revocation if approved residence
available
18ZZO. Revocation of order by court
18ZZP. Expiry of home detention order
18ZZQ. Service of notices on offender
18ZZR. Annual report
Subdivision (2)-Intensive correction orders
19. Intensive correction order
20. Core conditions
21. Special condition
22. Offender may be fined as well
23. Secretary may direct offender to report at another place
24. Suspension of intensive correction order
25. Variation of intensive correction order
26. Breach of intensive correction order
Subdivision (3)-Suspended sentences of imprisonment
27. Suspended sentence of imprisonment
28. Repealed
29. Effect of suspended sentence
30. Repealed
31. Breach of order suspending sentence
Subdivision (4)-Youth justice centre orders and youth residential centre orders
32. Youth justice centre or youth residential centre order
33. Sentences to be concurrent unless otherwise directed
34. Commencement of sentences
35. Time held in custody before trial etc. to be deducted from sentence

Division 3-Community-based orders

36. When court may make community-based order
37. Core conditions
38. Program conditions
39. Community service condition
40. Supervision condition
41. Personal development condition
42. Community-based orders in respect of several offences
43. Offender may be fined as well
44. Secretary may direct offender to report at another place
45. Suspension of community-based order
46. Variation of community-based order
47. Breach of community-based order
48. Part payment of fine to reduce community service in default

Division 4-Fines

49. Power to fine
50. Exercise of power to fine
51. Aggregate fines
52. Amount of fine where no amount prescribed
53. Instalment order
54. Time to pay
55. Application by person fined
56. Order to pay operates subject to instalment order
57. Notice of orders to be given
58. Oaths
59. Application of fines etc.
60. Penalty payable to body corporate
61. Variation of instalment order or time to pay order
62. Enforcement of fines against natural persons
63. Terms of imprisonment or hours of unpaid work
64. Warrant to seize property returned unsatisfied
65. Costs
66. Enforcement of fines against bodies corporate
67. Recovery of penalties
68. Rules and regulations
69. Application to infringement enforcement procedure

Division 5-Dismissals, discharges and adjournments
Subdivision (1)-General

70. Purpose of orders under this Division
71. Abolition of common law bonds
Subdivision (2)-Release on conviction
72. Release on adjournment following conviction
73. Unconditional discharge
74. Compensation or restitution
Subdivision (3)-Release without conviction
75. Release on adjournment without conviction
76. Unconditional dismissal
77. Compensation or restitution
Subdivision (4)-Variation and breach of orders for release on adjournment
78. Variation of order for release on adjournment
79. Breach of order for release on adjournment

Division 6-Special conditions for intellectually disabled
offenders

80. Special condition of justice plans
81. Review of justice plan by Secretary
82. Review of special condition by sentencing court
82A. Review of residential treatment order by sentencing court
83. Notice of application

Division 7-Deferral of sentencing in Magistrates' Court

83A. Deferral of sentencing

PART 3A-SUPERANNUATION ORDERS

83B. Purpose of Part
83C. Application of Part
83D. Definitions
83E. Application for a superannuation order
83F. Court may make a superannuation order
83G. Effect of superannuation order
83H. Provisions applying to a superannuation order
83I. Powers of an authorised person to require information
83J. Protection of administrators providing information
83K. Disclosure of information

PART 4-ORDERS IN ADDITION TO SENTENCE

Division 1-Restitution

84. Restitution order
85. Enforcement of restitution order

Division 2-Compensation
Subdivision (1)-Compensation for pain and suffering etc.

85A. Definitions
85B. Compensation order
85C. Application for compensation order
85D. Extension of time for making application
85E. Proceeding on an application
85F. Court must not refuse to hear and determine application
except in certain circumstances
85G. Evidence
85H. Court may take financial circumstances of offender into
account
85I. Court must reduce compensation by amount of any award under Victims of Crime Assistance Act 1996.
85J. Court to give reasons for its decision
85K. Costs of proceeding
85L. Right to bring civil proceedings unaffected
85M. Enforcement of order
Subdivision (2)-Compensation for property loss.
86. Compensation order
87. Enforcement of compensation order

Division 2A-Recovery of assistance paid under Victims of Crime Assistance Act 1996.

87A. Recovery of assistance paid under Victims of Crime
Assistance Act 1996.
87B. Enforcement of order under section 87A.

Division 2B-Recovery of costs incurred by emergency service agencies

87C. Definitions
87D. Cost recovery order
87E. Application for cost recovery order
87F. Extension of time for making application
87G. How offender may appear on an application
87H. Court may have regard to relevant facts
87I. Evidence
87J. Court may take financial circumstances of offender into
account
87K. Court to give reasons for its decision
87L. Costs of proceeding
87M. Right to bring civil proceedings unaffected
87N. Enforcement of order

Division 3-Forfeiture and disqualification

87P. Interpretation
88. Effect where punishment suffered for indictable offence
89. Cancellation or suspension of driver licence
89A. Direction to impose alcohol interlock condition
89B. Removal of alcohol interlock condition
89C. Appeals against direction or period specified in direction
89D. Offences and immobilisation orders

PART 4A-IDENTITY CRIME CERTIFICATES

89E. Definitions
89F. Court may issue certificate to victim of identity crime
89G. Contents of certificate
89H. Process for dealing with application

PART 5-MENTALLY ILL OFFENDERS

90. Assessment orders
91. Diagnosis, assessment and treatment orders
92. Termination of assessment orders and diagnosis, assessment and treatment orders
93. Restricted involuntary treatment orders
93A. Hospital security orders
94. Custody of admitted person

PART 6-MAKING OF SENTENCING AND OTHER ORDERS

Division 1-Explanation of orders

95. Explanation of orders

Division 1A-Victim impact statements

95A. Victim may make victim impact statement
95B. Contents of victim impact statement
95BA. Medical reports
95C. Distribution of written statement
95D. Examination of victim
95E. Witnesses
95F. Reading aloud of victim impact statement

Division 2-Pre-sentence reports

96. Court may order pre-sentence report
97. Contents of pre-sentence report
98. Distribution of report
99. Disputed pre-sentence report

Division 2A-Drug and alcohol reports

99A. Drug and alcohol assessment report
99B. Distribution of drug and alcohol assessment report
99C. Disputed drug and alcohol assessment report
99D. Drug and alcohol pre-release report
99E. Approved drug and alcohol assessment agencies

Division 2B-Home detention assessment reports

99F. Home detention assessment report
99G. Contents of home detention assessment report
99H. Distribution of home detention assessment report
99I. Disputed home detention assessment report
99J. Disclosure of information

Division 3-Taking other charges into account

100. Disposal of other pending charges

Division 4-Passing of sentence

101. Time and place of sentence
102. Sentence by another judge or magistrate
103. Sentences not invalidated by failure to comply with procedural requirements

PART 7-CORRECTION OF SENTENCES

104. Correction of sentences by Supreme Court
104A. Power to correct clerical mistakes, etc.

PART 8-APPEALS AGAINST SENTENCE IMPOSED ON VARIATION OR BREACH

105. Appeal against sentence imposed on variation or breach

PART 9-ROYAL PREROGATIVE OF MERCY

106. Saving of royal prerogative of mercy
107. Release by Governor in exercise of royal prerogative of
mercy
108. Penalties for offences may be remitted

PART 9A-SENTENCING ADVISORY COUNCIL

108A. Definitions
108B. Establishment of Sentencing Advisory Council
108C. Functions of the Council
108D. Powers of the Council
108E. Delegation
108F. Board of directors
108G. Chairperson
108H. Terms and conditions of office of directors
108I. Vacancies and removal of directors from office
108J. Travelling and other allowances
108K. Validity of acts or decisions
108L. Meetings of the Board
108M. Staff
108N. Appointment of consultants
108O. Control on expenditure
108P. Parliamentary requirement for information

PART 10-MISCELLANEOUS PROVISIONS

109. Penalty scale
109A. Operation of penalty provisions
110. Meaning of penalty units
111. Location and effect of penalty provisions
112. Classification of offences as indictable or summary
113. Maximum term of imprisonment for indictable offence heard
and determined summarily
113A. Maximum term of imprisonment for summary offence
113B. Maximum cumulative term of imprisonment imposable by Magistrates' Court
113C. Maximum term of imprisonment where none prescribed
113D. Increased maximum fine for body corporate
114. Effect of alterations in penalties
115. Old offences relevant in determining previous convictions

PART 11-REGULATIONS

116. Regulations

PART 12-TRANSITIONALS

117. Transitional provisions
117A. Transitional provisions-Sentencing (Amendment) Act 1993.
117B. Transitional provisions-Miscellaneous Acts (Omnibus Amendments) Act 1996.
118. Transitional provisions (1997 amendments)
119. Transitional provisions (Sentencing (Amendment)
Act 1997)
120. Transitional provisions (1998 amendments)
121. Transitional provision-Courts and Tribunals Legislation (Amendment) Act 2000.
122. Transitional provisions-Sentencing (Amendment)
Act 1999.
123. Transitional provision-Magistrates' Court
(Infringements) Act 2000.
124. Transitional provisions-Victims of Crime Assistance (Amendment) Act 2000.
125. Transitional provisions-Sentencing (Emergency Service Costs) Act 2001.
126. Transitional provisions-Sentencing (Amendment)
Act 2002.
126B. Application of amendment made by the Road Safety (Alcohol Interlocks) Act 2002.
127. Transitional provision-Crimes (Property Damage and Computer Offences) Act 2003.
127A. Transitional provisions-Corrections and Sentencing Acts (Home Detention) Act 2003.
128. Transitional provision-Sentencing (Amendment)
Act 2003.
129. Transitional provision-Children and Young Persons
(Age Jurisdiction) Act 2004.
130. Transitional provision-Sentencing (Further Amendment) Act 2005.
131. Transitional provision-Sentencing and Mental Health
Acts (Amendment) Act 2005.
132. Transitional provision-Courts Legislation (Jurisdiction) Act 2006.
133. Transitional provisions-Sentencing (Suspended Sentences) Act 2006.
134. Transitional provision-Working with Children Act 2005.
135. Transitional provision-Criminal Procedure Legislation Amendment Act 2008.
136. Transitional provision-Justice Legislation Amendment
(Sex Offences Procedure) Act 2008.
137. Transitional provision-Crimes Amendment (Identity
Crime) Act 2009.
__________________
SCHEDULE 1-Serious Offender Offences
1. Sexual offences
2. Violent offences
3. Serious violent offences
4. Drug offences
5. Arson offences
SCHEDULE 1A-Continuing Criminal Enterprise Offences
SCHEDULE 2-Forms for Use where Other Offences Taken
Into Account in Sentencing
3, 4-Repealed
---------------
ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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