Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 18A

Indefinite sentence

18A. Indefinite sentence



(1) If a person (other than a young person) is convicted by the Supreme Court
or the County Court of a serious offence, the court may sentence him or her to
an indefinite term of imprisonment.

(2) A court must not fix a non-parole period in respect of an indefinite
sentence.

(3) The court must specify in the order imposing an indefinite sentence a
nominal sentence of a period equal in length to the non-parole period that it
would have fixed had the court sentenced the offender to be imprisoned in
respect of the serious offence for a fixed term.

(4) An offender serving an indefinite sentence is not eligible to be released
on parole.

(5) A court may impose an indefinite sentence-

   (a)  on its own initiative; or

   (b)  on an application made by the Director of Public Prosecutions.

(6) A court may impose an indefinite sentence in respect of a serious offence
regardless of the maximum penalty prescribed for the offence.

(7) If a court is considering imposing an indefinite sentence on an offender
it must also consider whether section 90 or 91 applies and, if it considers
that one of those sections applies, the court must make an assessment order
under section 90 or a diagnosis, assessment and treatment order under section
91, as the case requires.