Victorian Current Acts

SENTENCING ACT 1991 - SECT 91

    (1)     Subject to subsection (2), the court may make a Court Assessment Order in relation to a person if—

        (a)     on the trial or hearing of the person for an offence the person is found guilty or pleads guilty to an offence; and

        (b)     the person is not in custody pending sentencing; and

        (c)     the criteria set out in subsection (2) apply to the person; and

        (d)     the court has received a report from the authorised psychiatrist for the designated mental health service where it is proposed to assess the person stating that there are facilities or services available at that designated mental health service for the assessment of the person; and

        (e)     in the case of an Inpatient Court Assessment Order, the assessment cannot occur in the community.

    (2)     For the purposes of subsection (1), the criteria are—

        (a)     the person appears to have mental illness; and

        (b)     because the person appears to have mental illness, the person appears to need immediate treatment to prevent—

              (i)     serious deterioration in the person's mental or physical health; or

              (ii)     serious harm to the person or to another person; and

        (c)     if the person is made subject to a Court Assessment Order, the person can be assessed; and

        (d)     there is no less restrictive means reasonably available to enable the person to be assessed.

S. 92 substituted by No. 26/2014 s. 435.