Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 18ZE

Activation of custodial part of an order

18ZE. Activation of custodial part of an order



(1) Despite anything to the contrary in this Act, an offender is not to serve
the custodial part of a drug treatment order, and that part of the order does
not commence, except in accordance with an order under this Subdivision
activating that part of the order.

Note The Drug Court may make an order activating some or all of the custodial
part under section 18ZL(1)(f) (which involves serving a period in a secure
custody facility), or under section 18ZN or 18ZP.

(2) In making an order under this Subdivision activating some or all of the
custodial part of a drug treatment order, the Drug Court must first-

   (a)  calculate the remaining length of the custodial part of the order by
        subtracting from the length of the sentence of imprisonment imposed
        under the order-

   (i)  each period of custody declared under this Act as reckoned to be a
        period already served under the sentence; and

   (ii) each period of custody served in a secure custody facility under the
        custodial part of the order because of an order under section
        18ZL(1)(f); and

   (b)  if the total of-

   (i)  the remaining length of the custodial part of the order; and

   (ii) the period during which the treatment and supervision part of the
        order has already operated- is more than 2 years, reduce the remaining
        length of the custodial part so that the total is 2 years.

(3) If the Drug Court makes an order under section 18ZN(1)(b)(i) or 18ZP(2)(a)
activating the custodial part of a drug treatment order for a period of one
year or more, the Drug Court may, as part of the order under that section, fix
in respect of the custodial part a non-parole period in accordance with
section 11, as if the Drug Court had just sentenced the offender to that term
of imprisonment.

Example The Drug Court decides to make an order activating the custodial part
of a drug treatment order 18 months after the drug treatment order was made.
When it made the drug treatment order, it imposed a sentence of imprisonment
of 8 months. The Drug Court-

   (a)  calculates that the remaining length of the custodial part of the drug
        treatment order is 7 months because the length of the sentence of
        imprisonment imposed under the order was 8 months from which the Drug
        Court subtracts-

   (i)  14 days that the offender spent in custody before sentencing; and

   (ii) 16 days that the offender served in a secure custody facility because
        of an earlier order under section 18ZL(1)(f); and

   (b)  calculates that the total of-

   (i)  the remaining length of the custodial part (7 months); and

   (ii) the period during which the treatment and supervision part of the drug
        treatment order has already operated (18 months)- is 25 months, which
        is 1 month over 2 years; and

   (c)  so that the total is 2 years, reduces the remaining length of the
        custodial part by 1 month to 6 months. This means that the Drug Court
        may make an order activating the custodial part for no more than 6
        months.