Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 18VA

Variation of combined custody and treatment order

18VA. Variation of combined custody and treatment order



(1) If on an application under this subsection the court which made a combined
custody and treatment order is satisfied-

   (a)  that the circumstances of the offender have materially altered since
        the order was made and as a result the offender will not be able to
        comply with any condition of the order; or

   (b)  that the circumstances of the offender were wrongly stated or were not
        accurately presented to the court or the author of a pre-sentence
        report before the order was made; or

   (c)  that the offender is no longer willing to comply with the order-

it may vary the order or cancel it and, subject to subsection (2), deal with
the offender for the offence or offences with respect to which it was made in
any manner in which the court could deal with the offender if it had just
convicted him or her of that offence or those offences.

(2) In determining how to deal with an offender following the cancellation by
it of a combined custody and treatment order, a court must take into account
the extent to which the offender had complied with the order before its
cancellation.

(3) An application under subsection (1) may be made at any time while the
order is in force by-

   (a)  the offender; or

   (b)  a prescribed person or a member of a prescribed class of persons; or

   (c)  the Director of Public Prosecutions.



(4) Notice of an application under subsection (1) must be given-

   (a)  to the offender; and

   (b)  to the Director of Public Prosecutions (if the sentencing court was
        the Supreme Court or the County Court) or to the informant or police
        prosecutor (if the sentencing court was the Magistrates' Court).

(5) The court may order that a warrant to arrest be issued against the
offender if he or she is serving the sentence in the community and does not
attend before the court on the hearing of the application.