Victorian Numbered Acts

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SERIOUS OFFENDERS ACT 2018 (NO. 27 OF 2018) - SECT 109

Effect of custodial order on time for review

    (1)     This section applies if an offender is in prison, a police gaol or a designated mental health service serving a custodial sentence or on remand while subject to a supervision order or detention order.

    (2)     If the time for a review of a supervision order or detention order occurs while the offender
is in custody serving a custodial sentence, the application for review of the order under this Part may be made—

        (a)     at any time before the release of the offender on parole or from remand; or

        (b)     as soon as practicable after the offender is released on parole or from remand.

    (3)     If parole is not granted or the offender is ordered to serve a custodial sentence, and a supervision order or detention order applies to an offender at the end of the custodial sentence, the application for review of the order under this Part may be made—

        (a)     at any time before the end of the custodial sentence; or

        (b)     as soon as practicable after the end of the custodial sentence.

    (4)     If the order will expire during the period that an offender is remanded in custody or serving a custodial sentence, no review is required.

Notes

1     An application may be made to renew the order before it expires.

2     See also section 101.



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