Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 16

Sentences-whether concurrent or cumulative4

16. Sentences-whether concurrent or cumulative4



(1) Subject to subsection (1A), every term of imprisonment imposed on a person
by a court must, unless otherwise directed by the court, be served
concurrently with any uncompleted sentence or sentences of imprisonment or
detention in a youth justice centre or youth residential centre imposed on
that person, whether before or at the same time as that term.

(1A) Subsection (1) does not apply to a term of imprisonment imposed-

   (a)  in default of payment of a fine or sum of money; or

   (b)  on a prisoner in respect of a prison offence or an escape offence; or

   (c)  on a serious offender within the meaning of Part 2A for a relevant
        offence within the meaning of that Part; or

   (d)  on any person for an offence committed while released under a parole
        order5; or



   (e)  on any person for an offence committed while released on bail in
        relation to another offence6.







(2) Every term of imprisonment imposed on a person by a court in default of
payment of a fine or sum of money must, unless otherwise directed by the
court, be served-

   (a)  cumulatively on any uncompleted sentence or sentences of imprisonment
        or detention in a youth justice centre or youth residential centre
        imposed on that person in default of payment of a fine or sum of
        money; but

   (b)  concurrently with any other uncompleted sentence or sentences of
        imprisonment or detention imposed on that person-

whether that other sentence was, or those other sentences were, imposed before
or at the same time as that term.

(2A) A reference in subsection (2) to a term of imprisonment imposed on a
person by a court is to be read as including a reference to a term of
imprisonment imposed on a person under Division 2 of Part 12 of the
Infringements Act 2006.

(3) Every term of imprisonment imposed on a prisoner by a court in respect of
a prison offence or an escape offence must, unless otherwise directed by the
court because of the existence of exceptional circumstances, be served
cumulatively on any uncompleted sentence or sentences of imprisonment or
detention in a youth justice centre or youth residential centre imposed on
that prisoner, whether before or at the same time as that term.



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(3B) Every term of imprisonment imposed on a person for an offence committed
while released under a parole order made in respect of another sentence of
imprisonment (the parole sentence) must, unless otherwise directed by the
court because of the existence of exceptional circumstances, be served
cumulatively on any period of imprisonment which he or she may be required to
serve in custody in a prison on cancellation of the parole order 7.

(3C) Every term of imprisonment imposed on a person for an offence committed
while released on bail in relation to any other offence or offences must,
unless otherwise directed by the court, be served cumulatively on any
uncompleted sentence or sentences of imprisonment imposed on that offender,
whether before or at the same time as that term8.

(4) A court that imposes a term of imprisonment for an offence against the law
of Victoria on a person already undergoing a sentence or sentences of
imprisonment for an offence against the law of the Commonwealth must direct
when the new term commences which must be no later than immediately after-

   (a)  the completion of that sentence or those sentences if a non-parole
        period or pre-release period (as defined in Part 1B of the
        Crimes Act 1914 of the Commonwealth) was not fixed in respect of it or
        them; or

   (b)  the end of that period if one was fixed.



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(6) This section has effect despite anything to the contrary in any Act.