Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 92

Termination of assessment orders and diagnosis, assessment and treatment orders

92. Termination of assessment orders and diagnosis, assessment and treatment
orders

At the expiry of an order made under section 90 or 91 or at any time before
then if the authorised psychiatrist applies or the Mental Health Review Board
or the chief psychiatrist discharges the person under the
Mental Health Act 1986, the court, after considering a report from the
authorised psychiatrist specifying the results of the assessment or the
diagnosis, assessment and treatment (as the case requires)-

   (a)  may make a restricted involuntary treatment order or a hospital
        security order; or







   (b)  may pass sentence on the person according to law and, if the sentence
        is a term of imprisonment, must deduct the period of time that the
        person was detained under the assessment order or the diagnosis,
        assessment and treatment order.