Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 18ZY

Assessment for home detention

18ZY. Assessment for home detention



(1) If the court is considering making a home detention order, the court must
notify-

   (a)  the offender; and

   (b)  the Director of Public Prosecutions or the informant or police
        prosecutor.

(2) The offender may inform the court that he or she does not wish to consent
to the making of a home detention order.

(3) After giving the notice under subsection (1), the court must order a home
detention assessment report in respect of the offender.

(4) After giving the notice under subsection (1), the court may-

   (a)  direct the Secretary to the Department of Justice to arrange for the
        examination of the offender by a medical practitioner registered under
        the Health Professions Registration Act 2005, a psychiatrist or a
        psychologist; and

   (b)  require the registered medical practitioner, psychiatrist or
        psychologist to give a report in writing to the court.

(5) Subsections (3) and (4) do not apply if the offender informs the court
that he or she does not wish to be considered for a home detention order.

(6) When a court orders a home detention assessment report-

   (a)  the order stays the execution of the sentence; and

   (b)  the offender is to be remanded in custody, or granted bail in
        accordance with the Bail Act 1977, as if the offender were still
        awaiting sentence-

until the court decides whether or not to make a home detention order.

(7) On the court deciding whether or not to make a home detention order any
stay of execution of the sentence under this section comes to an end.