Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 18ZM

Service in a secure custody facility

18ZM. Service in a secure custody facility



(1) The Drug Court may only make an order under section 18ZL(1)(f) if it is
satisfied beyond reasonable doubt that the offender has failed to comply with
the condition attached to the drug treatment order.

(2) If the Drug Court makes an order under that section, it-

   (a)  must specify in the order the kind of secure custody facility in which
        the period is to be served; and

   (b)  must only specify a youth justice centre if the offender is a young
        offender and the Drug Court considers it appropriate to do so.





(3) An offender can only be required to serve a period in a secure custody
facility in accordance with an order under section 18ZL(1)(f) when-

   (a)  the period under the order under section 18ZL(1)(f); or

   (b)  the total of the periods for which the custodial part is activated
        under 2 or more such orders and which the offender has not yet served-

is at least 7 days, not including so much of the period or periods as is no
longer activated because of an order under section 18ZJ(1)(c). Note An order
may be made under section 18ZJ(1)(c) as a reward for complying with the
conditions attached to a drug treatment order.

(4) Before the Drug Court makes an order under section 18ZL(1)(f), notice of
the hearing concerning the making of the order must be given to-

   (a)  the offender; and

   (b)  the informant or police prosecutor; and

   (c)  the prescribed person or the person in the prescribed class of
        persons-

and the Drug Court may order that a warrant to arrest be issued against the
offender if he or she does not attend for the hearing.

(5) If the Drug Court makes an order under section 18ZL(1)(f) the Drug Court
may, for the purposes of giving effect to that order, issue a warrant to
imprison the offender under section 68 of the Magistrates' Court Act 1989.