Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997 - SECT 73M

Nominal term of supervision order

    (1)     The court must set the nominal term of a supervision order made under section 73L in accordance with section 28 as if—

        (a)     the relevant offence had been committed in Victoria; and

        (b)     the maximum penalty for that offence were the maximum penalty attaching to that offence at the date the person was arrested in Victoria; and

        (c)     subsection (2) of this section applied instead of section 28(5).

    (2)     For the purpose of declaring a day under section 28(4), the court may take into account—

        (a)     any period of time during which the person was held in custody, or detained in a mental health facility, in the relevant State in relation to proceedings for the relevant offence; and

        (b)     any period of time during which the person was held in custody, or detained in a mental health facility, in the relevant State under an interstate supervision order; and

        (c)     any period of time during which the person was held in custody, or detained in an appropriate place, since the person was arrested under a warrant issued under section 73J.

    (3)     If the nominal term of the supervision order has expired, the first major review must be undertaken within 12 months after the review under section 73L.

S. 73N inserted by No. 7/2002 s. 30.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback