Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 18Q

Combined custody and treatment order

18Q. Combined custody and treatment order



(1) If a person is convicted by a court of an offence and the court-

   (a)  is satisfied that drunkenness or drug addiction contributed to the
        commission of the offence; and

   (b)  is considering sentencing him or her to a term of imprisonment of not
        more than 12 months; and

   (c)  has received a pre-sentence report-

the court, if satisfied that it is desirable to do so in the circumstances,
may impose a sentence of imprisonment of not more than 12 months and order
that not less than 6 months of that sentence be served in custody and the
balance be served in the community on the conditions attached to the order.

(2) Before making a combined custody and treatment order a court may order a
drug and alcohol assessment report in respect of the offender and adjourn the
proceeding to enable the report to be prepared.

(3) A court may only make a combined custody and treatment order if the
offender agrees to comply with the conditions attached to it.

(4) A court must not make a combined custody and treatment order if the
sentence of imprisonment by itself for the whole term stated by the court
would not be appropriate in the circumstances having regard to the provisions
of this Act.

(5) If the offender is convicted of more than one offence in the same
proceeding the court may only make a combined custody and treatment order if
the aggregate period of imprisonment imposed in respect of all the offences
does not exceed 12 months.

(6) A combined custody and treatment order must be taken for all purposes to
be a sentence of imprisonment for the whole term stated by the court.

(7) For the purposes of any proceedings under section 18VA or 18W, a combined
custody and treatment order made on appeal by the Court of Appeal must be
taken to have been made by the court from whose decision the appeal was
brought.