Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 75

Release on adjournment without conviction

75. Release on adjournment without conviction



(1) A court, on being satisfied that a person is guilty of an offence, may
(without recording a conviction) adjourn the proceeding for a period of up to
60 months and release the offender on the offender giving an undertaking with
conditions attached.





(2) An undertaking under subsection (1) must have as conditions-

   (a)  that the offender appears before the court if called on to do so
        during the period of the adjournment and, if the court so specifies,
        at the time to which the further hearing is adjourned; and

   (b)  that the offender is of good behaviour during the period of the
        adjournment; and

   (c)  that the offender observes any special conditions imposed by the
        court.

(3) Subject to Division 6 of Part 3, a court may impose a special condition
that the offender participate in the services specified in a justice plan for
a period of up to 2 years specified by the court or the period of the
adjournment, whichever is the shorter.

(4) An offender who has given an undertaking under subsection (1) may be
called on to appear before the court-

   (a)  by order of the court; or

   (b)  by notice issued by the proper officer of the court.

(5) An order or notice under subsection (4) must be served on the offender not
less than 4 days before the time specified in it for the appearance.

(6) If at the time to which the further hearing of a proceeding is adjourned
the court is satisfied that the offender has observed the conditions of the
undertaking, it must dismiss the charge without any further hearing of the
proceeding.