Victorian Current Acts Victorian Current Acts(1) Subject to sections 16 and 18, a sentence of imprisonment commences on the day that it is imposed unless the offender is not then in custody in which case it commences on the day he or she is apprehended under a warrant to imprison issued in respect of the sentence.
(2) If an offender sentenced to a term of imprisonment is allowed to be or to go at large for any reason, the period between then and the day on which he or she is taken into custody to undergo the sentence does not count in calculating the term to be served and service of the sentence is suspended during that period.
(3) If an offender lawfully imprisoned under a sentence escapes or fails to return after an authorised absence, the period between then and the day on which he or she surrenders or is apprehended does not count in calculating the term to be served and service of the sentence is suspended during that period.
(4) Despite anything to the contrary in this or any other Act or in any rule of law or practice, a sentence of imprisonment must be calculated exclusive of any time during which service of it is suspended under subsection (2) or (3).
S. 17(5) amended by Nos 48/1997 s. 17(1), 48/2006 s. 42(Sch. item 32.3).
(5) If an offender to whom subsection (3) applies is in the period during which service of the sentence is suspended under that subsection imprisoned or detained in a youth justice centre or youth residential centre under another sentence, the unexpired portion of the suspended sentence takes effect—
(a) if it is to be served cumulatively on the sentence or sentences he or she is then undergoing—on the day that sentence is, or those sentences are, completed; or
(b) in any other case—at the end of the period of suspension.
S. 17(6) amended by Nos 48/1997 s. 17(1), 48/2006 s. 42(Sch. item 32.3).
(6) If an offender sentenced to a term of imprisonment and allowed to be or to go at large pending an appeal or the consideration of any question of law reserved or case stated is imprisoned or detained in a youth justice centre or youth residential centre under another sentence at the time when the appeal, question of law or case stated is finally determined, the first-mentioned sentence or the unexpired portion of it takes effect—
(a) if it is to be served cumulatively on the sentence or sentences he or she is then undergoing—on the day that sentence is, or those sentences are, completed; or
(b) in any other case—on the day on which the appeal, question of law or case stated is finally determined.
(7) Subsection (6) applies unless the sentencing court or the court determining the appeal, question of law or case stated otherwise directs.
(8) If a person serving a sentence of imprisonment becomes a security patient, an involuntary patient or a security resident, time spent as such counts in calculating the term to be served.