Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 18E

Hospital security orders

18E. Hospital security orders



(1) If a court imposes an indefinite sentence on an offender as mentioned in
section 92(b) after the expiry of an order made under section 90 or 91, it
must deduct from the nominal sentence the period of time that the offender was
detained under that order.

(2) Section 93A applies if a person is found guilty of a serious offence and a
court imposes an indefinite sentence in the same way it applies on any other
finding of guilt but as if-

   (a)  section 93A(4) provided that the duration of the hospital security
        order was for an indefinite period;

   (b)  section 93A(6) did not require the fixing of a non-parole period but
        instead required the court to specify a nominal sentence as if the
        hospital security order were an indefinite sentence;

   (c)  in section 93A(7), the words "before the end of the period specified
        in a hospital security order" were omitted;

   (d)  section 93A(7) referred to-

   (i)  an indefinite term instead of the unexpired portion of the hospital
        security order;

   (ii) release under a re-integration program instead of release on parole.

(3) A hospital security order made under section 93A (as applied by subsection
(2) of this section) has effect for all purposes as an indefinite sentence.