Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 18W

Breach of combined custody and treatment order

18W. Breach of combined custody and treatment order



(1) If at any time while a combined custody and treatment order is in force
the offender fails without reasonable excuse to comply with any condition of
it, the offender is guilty of an offence for which he or she may be proceeded
against on a charge filed by a prescribed person or a member of a prescribed
class of persons.

(2) A proceeding for an offence under subsection (1) may be commenced at any
time up until 3 years after the date on which the offence is alleged to have
been committed.

(3) Despite anything to the contrary in the Magistrates' Court Act 1989-

   (a)  on the filing of a charge referred to in subsection (1), an
        application under section 28(1) of that Act for the issue of a summons
        to answer to the charge or a warrant to arrest may be made to the
        registrar at any venue of the Magistrates' Court;





   (b)  a summons to answer to the charge issued on an application referred to
        in paragraph (a) must direct the defendant to attend-

   (i)  at the proper venue of the Magistrates' Court, if the combined custody
        and treatment order was made by the Magistrates' Court; and

   (ii) at the Supreme Court or the County Court, if the combined custody and
        treatment order was made by that court- to answer the charge;

   (c)  a warrant to arrest issued on an application referred to in paragraph
        (a) authorises the person to whom it is directed to bring the
        defendant when arrested before a bail justice or before the court by
        which the combined custody and treatment order was made to be dealt
        with according to law.

(4) Despite anything to the contrary in this or any other Act or in any rule
of law, the Supreme Court or the County Court may, if the combined custody and
treatment order was made by it, hear and determine without a jury an offence
against subsection (1) and, subject to any rules of court, the practice and
procedure applicable in the Magistrates' Court to the hearing and
determination of summary offences applies so far as is appropriate to the
hearing of the offence.

(5) If on the hearing of a charge under subsection (1) the court finds the
offender guilty of the offence, it may impose a level 10 fine and in addition
must either-

   (a)  confirm the order originally made; or

   (b)  whether or not the offender has served any part of the sentence in the
        community, order the offender to serve in custody the whole part of
        the sentence that was to be served in the community.

(6) Despite anything to the contrary in subsection (5), if on the hearing of a
charge the court finds the offender guilty of the offence it must, in addition
to any fine it may impose under subsection (5), exercise the power referred to
in paragraph (b) of that subsection unless it is of the opinion that it would
be unjust to do so in view of any exceptional circumstances which have arisen
since the combined custody and treatment order was made.

(7) If the court decides not to exercise the power referred to in subsection
(5)(b), it must state in writing its reasons for so deciding.

(8) The part of a term of imprisonment which a court orders an offender to
serve in custody under subsection (5) must be served-

   (a)  immediately or, if the offender is still serving the original
        custodial part of the sentence, immediately on the completion of
        service of that part of the sentence; and

   (b)  unless the court otherwise orders, cumulatively on any other term of
        imprisonment previously imposed on the offender by that or any other
        court.

(9) A fine imposed under this section must be taken for all purposes to be a
fine payable on a conviction of an offence.

Subdivision (1C)-Drug treatment orders