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SENTENCING ACT 1991 - SECT 16

Sentences—whether concurrent or cumulative[5]

S. 16(1) substituted by No. 41/1993 s. 8(a), amended by Nos 48/1997 s. 17(1), 48/2006 s. 42(Sch. item 32.3).

    (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.

S. 16(1A) inserted by No. 41/1993 s. 8(a).

    (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

S. 16(1A)(c) substituted by No. 48/1997 s. 7(4).

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

S. 16(1A)(d) substituted by No. 48/1997 s. 10(1).

        (d)     on any person for an offence committed while released under a parole order [6] ; or

S. 16(1A)(e) inserted by No. 48/1997 s. 10(1).

        (e)     on any person for an offence committed while released on bail in relation to another offence [7] .

    (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—

S. 16(2)(a) amended by Nos 48/1997 s. 17(1), 48/2006 s. 42(Sch. item 32.3).

        (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.

S. 16(2A) inserted by No. 99/2000 s. 15, amended by No. 32/2006 s. 92(1).

    (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 .

S. 16(3) amended by Nos 41/1993 s. 8(b), 48/1997 s. 17(1), 48/2006 s. 42(Sch. item 32.3).

    (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.

S. 16(3A) inserted by No. 41/1993 s. 8(c), repealed by No. 48/1997 s. 7(5).

    *     *     *     *     *

S. 16(3B) inserted by No. 41/1993 s. 8(c), substituted by No. 48/1997 s. 10(2), amended by No. 46/2013 s. 5(1).

    (3B)     Subject to subsection (3BA), 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 [8] .

S. 16(3BA) inserted by No. 46/2013 s. 5(2).

    (3BA)     Every term of imprisonment imposed on a prisoner for an offence against section 78A of the Corrections Act 1986 must, unless otherwise directed by the court because of the existence of exceptional circumstances, be served cumulatively on—

        (a)     any period of imprisonment the prisoner may be required to serve in custody in a prison on cancellation of the parole order under which that prisoner was released when he or she committed the offence against section 78A; and

        (b)     any period of imprisonment imposed on the prisoner for an offence committed while released under the parole order referred to in paragraph (a), whether before or at the same time as that term.

S. 16(3C) inserted by No. 48/1997 s. 10(2).

    (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 term [9] .

    (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.

S. 16(5) repealed by No. 48/1997 s. 32(1).

    *     *     *     *     *

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

S. 16A inserted by No. 87/2009 s. 58.



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