Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 18P

Offender to be present during hearings

18P. Offender to be present during hearings



(1) Subject to this section, the offender must be present-

   (a)  during the hearing of evidence under section 18F;

   (b)  during the hearing of a review under section 18H(1)(a) or (b).

(2) The court may order the officer in charge of the prison or other
institution in which the offender is detained to cause the offender to be
brought before the court for a hearing referred to in subsection (1).

(3) Subsection (2) is additional to, and does not limit, the court's powers
under section 361 of the Crimes Act 1958.

(4) If the offender acts in a way that makes the hearing in the offender's
presence impracticable, the court may order that the offender be removed and
the hearing continue in his or her absence.

(5) If the offender is unable to be present at a hearing because of illness or
for any other reason, the court may proceed with the hearing in his or her
absence if it is satisfied that-

   (a)  doing so will not prejudice the offender's interests; and

   (b)  the interests of justice require that the hearing should proceed even
        in the absence of the offender.



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Subdivision (1B)-Combined custody and treatment orders