Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 18H

Review of indefinite sentence

18H. Review of indefinite sentence



(1) A court that imposes an indefinite sentence on an offender must review the
sentence-

   (a)  on the application of the Director of Public Prosecutions, as soon as
        practicable after the offender has served the nominal sentence;

   (b)  on the application of the offender, at any time after the expiry of
        three years from the carrying out of the review under paragraph (a)
        and thereafter at intervals of not less than three years.

(2) The Director of Public Prosecutions must make the application to the court
necessary for it to carry out the review required by subsection (1)(a) within
the time specified in that subsection.

(3) The court must cause a copy of an application by an offender under
subsection (1)(b) to be provided to the Director of Public Prosecutions as
soon as practicable after it has been filed with the court.

(4) Within 10 working days after the date of filing of an application by an
offender under subsection (1)(b), the court must give directions for its
hearing and, subject to those directions, must hear the application within 25
working days after the date of filing.

(5) A court on a review need not be constituted by the same judge who
constituted the court when it imposed the sentence.