Victorian Numbered Acts

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

MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 433

Court Secure Treatment Orders

For section 18E of the Sentencing Act 1991 substitute

        ' 18E     Court Secure Treatment Orders

    (1)     If a court imposes an indefinite sentence on an offender as mentioned in section 94(1)(b) after considering the authorised psychiatrist's report made after examining the offender subject to a Inpatient Court Assessment Order made under section 90, the court must deduct from the nominal sentence the period of time that the offender was detained under the Court Assessment Order.

    (2)     Section 94C applies if a person is found guilty of a serious offence and a court imposes an indefinite sentence in the same way it applies on any other finding of guilt but as if—

        (a)     section 94C(3) provided that the duration of the Court Secure Treatment Order was for an indefinite period; and

        (b)     section 94C(4) did not require the fixing of a non-parole period but instead required the court to specify a nominal sentence as if the Court Secure Treatment Order were an indefinite sentence; and

        (c)     in section 94C(5) the words "before the end of the period specified in a Court Secure Treatment Order" were omitted; and

        (d)     section 94C(5) referred to—

              (i)     an indefinite term instead of the unexpired portion of the Court Secure Treatment Order; and

              (ii)     release under a re-integration program instead of release on parole.

    (3)     A Court Secure Treatment Order made under section 94B (as applied by subsection (2) of this section) has effect for all purposes as an indefinite sentence.'.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback