Victorian Numbered Acts

SERIOUS OFFENDERS ACT 2018 (NO. 27 OF 2018) - SECT 255

    (1)     An offender referred to in section 254 must be treated in a way that is appropriate to the offender's status as an unconvicted prisoner, subject to any reasonable requirements necessary to maintain—

        (a)     the management, security and good order of the prison; and

        (b)     the safe custody and welfare of the offender or persons serving custodial sentences.

    (2)     Except as provided in subsection (3), an offender referred to in section 254 must not be accommodated or detained in the same area or unit of the prison as persons serving custodial sentences.

    (3)     An offender referred to in section 254 may be accommodated or detained in the same area or unit of the prison as persons serving custodial sentences if—

        (a)     it is reasonably necessary for the purposes of rehabilitation, treatment, work, education and general socialisation and for related purposes; or

        (b)     it is necessary for the safe custody or welfare of the offender or persons serving custodial sentences or the security or good order of the prison; or

        (c)     the offender has elected to be so accommodated or detained.

    (4)     This section does not apply to an offender referred to in section 254 while in custody on remand or while serving a custodial sentence (other than release on parole) during the period of a detention order, interim detention order or emergency detention order that has commenced.