Victorian Current Acts

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Indefinite sentence

    (1)     If a person (other than a young person) is convicted by the Supreme Court or the County Court of a serious offence, the court may sentence him or her to an indefinite term of imprisonment.

    (2)     A court must not fix a non-parole period in respect of an indefinite sentence.

    (3)     The court must specify in the order imposing an indefinite sentence a nominal sentence of a period equal in length to the non-parole period that it would have fixed had the court sentenced the offender to be imprisoned in respect of the serious offence for a fixed term.

    (4)     An offender serving an indefinite sentence is not eligible to be released on parole.

    (5)     A court may impose an indefinite sentence

        (a)     on its own initiative; or

        (b)     on an application made by the Director of Public Prosecutions.

    (6)     A court may impose an indefinite sentence in respect of a serious offence regardless of the maximum penalty prescribed for the offence.

S. 18A(7) substituted by No. 26/2014 s. 432.

    (7)     If a court is considering imposing an indefinite sentence on an offender it must also consider whether section 94B applies and, if it considers that it does apply, the court must make a Court Secure Treatment Order under section 94B.

S. 18B inserted by No. 41/1993 s. 9.

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