Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 17

Commencement of sentences9

17. Commencement of sentences9



(1) Subject to sections 16 and 18, a sentence of imprisonment commences on the
day that it is imposed unless the offender is not then in custody in which
case it commences on the day he or she is apprehended under a warrant to
imprison issued in respect of the sentence.

(2) If an offender sentenced to a term of imprisonment is allowed to be or to
go at large for any reason, the period between then and the day on which he or
she is taken into custody to undergo the sentence does not count in
calculating the term to be served and service of the sentence is suspended
during that period.

(3) If an offender lawfully imprisoned under a sentence escapes or fails to
return after an authorised absence, the period between then and the day on
which he or she surrenders or is apprehended does not count in calculating the
term to be served and service of the sentence is suspended during that period.

(4) Despite anything to the contrary in this or any other Act or in any rule
of law or practice, a sentence of imprisonment must be calculated exclusive of
any time during which service of it is suspended under subsection (2) or (3).

(5) If an offender to whom subsection (3) applies is in the period during
which service of the sentence is suspended under that subsection imprisoned or
detained in a youth justice centre or youth residential centre under another
sentence, the unexpired portion of the suspended sentence takes effect-





   (a)  if it is to be served cumulatively on the sentence or sentences he or
        she is then undergoing-on the day that sentence is, or those sentences
        are, completed; or

   (b)  in any other case-at the end of the period of suspension.

(6) If an offender sentenced to a term of imprisonment and allowed to be or to
go at large pending an appeal or the consideration of any question of law
reserved or case stated is imprisoned or detained in a youth justice centre or
youth residential centre under another sentence at the time when the appeal,
question of law or case stated is finally determined, the first-mentioned
sentence or the unexpired portion of it takes effect-

   (a)  if it is to be served cumulatively on the sentence or sentences he or
        she is then undergoing-on the day that sentence is, or those sentences
        are, completed; or

   (b)  in any other case-on the day on which the appeal, question of law or
        case stated is finally determined.

(7) Subsection (6) applies unless the sentencing court or the court
determining the appeal, question of law or case stated otherwise directs.

(8) If a person serving a sentence of imprisonment becomes a security patient,
an involuntary patient or a security resident, time spent as such counts in
calculating the term to be served.