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SENTENCING ACT 1991
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purposes
2. Commencement
3. Definitions
4. Application
PART 2--GOVERNING PRINCIPLES
5. Sentencing guidelines
5AA. Court not to have regard to previous good character or lack of previous findings of guilt or convictions in certain circumstances
5A. Standard sentence scheme
5B. Sentencing for a standard sentence offence
6. Factors to be considered in determining offender's character
6AAA. Sentence discount for guilty plea
PART 2AA--GUIDELINE JUDGMENTS
6AA. Definition
6AB. Power of Court of Appeal to give or review guideline judgments
6ABA. Guideline judgments on application of Attorney‑General
6AC. Content of guideline judgment
6AD. Procedural requirements
6AE. Matters to which Court of Appeal must have regard
6AF. Use of evidence in giving or reviewing guideline judgment
6AG. Relationship between guideline judgments and other sentencing matters
PART 2A--SERIOUS OFFENDERS
6A. Application of Part
6B. Definitions for purposes of this Part
6C. Factors relevant to consideration of whether offender is a serious offender
6D. Factors relevant to length of prison sentence
6E. Sentences to be served cumulatively
6F. Serious offender status to be noted on record
PART 2B--CONTINUING CRIMINAL ENTERPRISE OFFENDERS
6G. Application of Part
6H. Definitions for purposes of this Part
6I. Increased maximum penalty for CCE offences
6J. CCE offender status to be noted on record
PART 3--SENTENCES
Division 1--General
7. Sentences
8. Conviction or non-conviction
Division 1A--Pre-sentence reports
8A. Court may order pre-sentence report
8B. Contents of pre-sentence report
8C. Distribution of pre-sentence report
8D. Disputed pre-sentence report
Division 1B--Drug and alcohol reports
8E. Drug and alcohol assessment report
8F. Distribution of drug and alcohol assessment report
8G. Disputed drug and alcohol assessment report
8H. Drug and alcohol pre-release report
8I. Approved drug and alcohol assessment agencies
Division 1C--Victim impact statements
8J. Definitions
8K. Victim may make victim impact statement
8L. Contents of victim impact statement
8M. Medical report
8N. Distribution of written statement
8O. Examination of victim
8P. Witnesses
8Q. Reading aloud of victim impact statement
8R. Alternative arrangements for reading aloud of victim impact statement
8S. Alternative arrangements for examination
Division 2--Custodial orders
9. Aggregate sentence of imprisonment[3]
9A. Notice of intention to seek statutory minimum sentence for manslaughter
9B. Custodial sentence must be imposed for manslaughter in circumstances of gross violence
9C. Custodial sentence must be imposed for manslaughter by single punch or strike
10. Custodial sentence must be imposed for causing serious injury in circumstances of gross violence
10AA. Custodial sentence for certain offences against emergency workers, custodial officers and youth justice custodial workers on duty
10AB. Custodial sentence for offence of contravening supervision order or interim supervision order under Serious Offenders Act 2018
10AC. Custodial sentence must be imposed for offence of aggravated home invasion
10AD. Custodial sentence must be imposed for offence of aggravated carjacking
10AE. Custodial sentence must be imposed for offences against sections 317AC and 317AD in certain circumstances
10A. Special reasons relevant to imposing minimum non-parole periods
11. Fixing of non-parole period by sentencing court
11A. Fixing of non-parole period for standard sentence offence
12. References to non-parole period
13. Fixing of non-parole period otherwise than by sentencing court
14. Fixing of new non-parole period in respect of multiple sentences
15. Order of service of sentences
16. Sentences—whether concurrent or cumulative[5]
16A. Person may consent to imprisonment in respect of unpaid fines
17. Commencement of sentences[11]
18. Time held in custody before trial etc. to be deducted from sentence[12]
18A. Indefinite sentence
18B. When court may impose indefinite sentence in respect of serious offence
18C. Application for indefinite sentence
18D. Adjournment of sentencing
18E. Court Secure Treatment Orders
18F. Sentencing hearing
18G. Reasons for indefinite sentence
18H. Review of indefinite sentence
18I. Court may order reports
18J. Distribution of reports
18K. Disputed report
18L. Review hearing
18M. Outcome of review
18N. Re-integration program
18O. Appeal[13]
18P. Offender to be present during hearings
18X. Purposes of drug and alcohol treatment order
18Y. Order only available at Drug Court
18Z. When drug and alcohol treatment order can be made
18ZA. Order can cover multiple offences
18ZB. Effect of Drug Court declining to make an order
18ZC. The parts of a drug and alcohol treatment order
18ZD. Sentence of imprisonment must be imposed
18ZE. Activation of custodial part of an order
18ZF. Core conditions
18ZG. Program conditions
18ZH. Variation on assessing offender's progress
18ZI. Case conferences
18ZJ. Rewards for complying with conditions
18ZK. Cancellation as a reward
18ZL. Failure to comply with conditions
18ZM. Service in a secure custody facility
18ZN. Commission of certain offences
18ZO. Drug Court may hear and determine certain offences
18ZP. Cancellation
18ZQ. Drug and alcohol treatment order assessment reports
18ZR. Appeals from Magistrates' Court
18ZS. Immunity from prosecution for certain offences
18ZT. Order made by Court of Appeal
32. Youth justice centre or youth residential centre order[14]
32A. Aggregate sentence of detention
33. Sentences to be concurrent unless otherwise directed[15]
34. Commencement of sentences[16]
35. Time held in custody before trial etc. to be deducted from sentence[17], [18]
PART 3A--SENTENCES--COMMUNITY CORRECTION ORDERS
Division 1--Preliminary
36. Purpose of an order
Division 2--General
37. Community correction order
38. Period and commencement of a community correction order
39. Intensive compliance period
40. Community correction order may cover multiple offences
41. Presumption of concurrency
41A. Maximum cumulative community correction orders
42. Concurrent unpaid community work where there are several orders
43. Fine and a community correction order
44. Imprisonment and a community correction order
44A. Mandatory treatment and monitoring order
Division 3--Making a community correction order
45. Terms of a community correction order
46. Power of the Secretary to give written directions
47. Court may attach conditions
48. Residual condition
48A. Matters to be considered when attaching conditions
Division 4--Conditions
48B. Definitions
48C. Unpaid community work condition
48CA. Order with conditions under sections 48C and 48D
48D. Treatment and rehabilitation condition
48E. Supervision condition
48F. Non-association condition
48G. Residence restriction or exclusion condition
48H. Place or area exclusion condition
48I. Curfew condition
48J. Alcohol exclusion condition
48JA. Bond condition
48K. Judicial monitoring condition
48L. Power of court on review under a judicial monitoring condition
48LA. Electronic monitoring of offender
48LB. Confidentiality of personal information
Division 5--Variation etc. of order
48M. Variation etc. of community correction order
48N. Application for variation etc. of a community correction order
48O. Suspension by Secretary
Division 6--Miscellaneous matters
48P. Secretary may direct offender to report at another place
48Q. Order made by Court of Appeal
PART 3B--SENTENCES--FINES
Division 1--Fines
49. Power to fine
50. Maximum fine
51. Aggregate fines
52. Financial circumstances of offender
53. Court to take forfeiture, compensation and restitution orders into account
54. Other matters court may have regard to in fixing amount of fine
55. Liability of director if body corporate unable to pay fine
Division 2--Instalment orders andtime to pay orders
56. Instalment order
57. Application for instalment order
58. Order to pay operates subject to instalment order
59. Time to pay order
60. Application for time to pay order
61. Application for variation or cancellation of order
62. Notice of application
63. Variation or cancellation of order
Division 3--Fine conversion order
64. Fine conversion order
65. Application for order under section 64
67. Variation etc. of fine conversion order
68. Application for variation etc. of a fine conversion order
Division 4--Fine default by natural person--warrant to arrest
69. Issue of warrant to arrest person in default
69A. Warrant to arrest may be issued other than in paper form
69B. Who may execute warrant?
69C. When may warrant be executed?
Division 5--Fine default by natural person--orders of court
69D. Court may make fine default unpaid community work order on application
69E. Orders of court in relation to fine default on arrest
69F. Order of court in absence of offender
69FA. Orders of court in relation to fine defaulter on arrest—Fines Reform Act 2014
69FB. Order of court in absence of fine defaulter—Fines Reform Act 2014
69G. Order of court if material change in circumstances of offender
69H. Other orders of court
69I. Variation etc. of fine default unpaid community work order
69J. Application for variation etc. of a fine default unpaid community work order
69K. Limit on fine for which unpaid community work can be ordered
69L. Costs
69M. Warrant to seize property returned unsatisfied
Division 6--Calculation of period of imprisonment or unpaid community work
69N. Term of imprisonment
69O. Term of unpaid community work
69P. Determining amount of unpaid fine or instalment
69Q. Period of unpaid community work to be performed
69R. Cumulative unpaid community work if there are several orders
Division 7--Terms and operation offines work orders
69S. Period of a fines work order
69T. When does a fines work order expire?
69U. Part payment of fine to reduce unpaid community work
69V. Terms of a fines work order
69W. Suspension by Secretary
69X. Secretary may direct offender to report at another place or to another person
Division 8--Enforcement of fines against bodies corporate
69Y. Enforcement of fines against bodies corporate
Division 9--General
69Z. Notice of orders to be given
69ZA. Oath or affirmation
69ZB. Application of fines etc.
69ZC. Penalty payable to body corporate
69ZD. Recovery of penalties
69ZE. Order made by Court of Appeal
69ZF. Rules of court
69ZG. Application to infringement enforcement procedure
PART 3BA--SENTENCES--OTHER ORDERS
Division 1--Dismissals, discharges and adjournments
70. Purpose of orders under this Division
71. Abolition of common law bonds
71A. Limitation on making of orders under this Division
72. Release on adjournment following conviction
73. Unconditional discharge
74. Compensation or restitution
75. Release on adjournment without conviction
76. Unconditional dismissal
77. Compensation or restitution
78. Variation of order for release on adjournment
Division 2--Intellectually disabled offenders
80. Justice plan condition
81. Review of justice plan by Secretary
82. Review of justice plan condition by sentencing court
82AA. Residential treatment order
82A. Review of residential treatment order by sentencing court
83. Notice of application
Division 3--Deferral of sentencing in the Magistrates' Court or County Court
83A. Deferral of sentencing
PART 3C--SENTENCES--CONTRAVENTION OF SENTENCE
Division 1--Offences
83AC. Contravention of order for release on adjournment
83AD. Contravention of community correction order
83ADA. Contravention of fine conversion order
83ADB. Contravention of fine default unpaid community work order
83AE. Particular contraventions of directions of Secretary
83AF. Offence to fail to obey a written direction of Secretary
Division 2--Procedure for contravention offence
83AG. Commencement of a proceeding
83AH. Time for commencing a proceeding
83AI. Issue of summons or warrant to arrest
83AJ. Transfer of a proceeding
83AK. Issue of warrant to arrest on failure to comply with bail or summons
83AL. Process where offender before higher court, orders of that court
83AM. Process where offender before higher court, orders of Magistrates' Court
83AS. Powers of the court on finding of guilt for contravention of community correction order
83ASA. Powers of court on finding of guilt for contravention of fines work order
83AT. Powers of the court on finding of guilt for contravention of order for release on adjournment
Division 3--Direction of certain conditions on failure to comply
83AU. Direction of unpaid community work condition on failure to comply
83AV. Direction of curfew condition on failure to comply
83AW. Reasonable excuse for a failure to comply
83AX. Notice of direction to be given in writing
83AY. Review by the sentencing court
83AZ. Powers of a sentencing court on review
PART 3D--SUPERANNUATION ORDERS
83B. Purpose of Part
83C. Application of Part
83D. Definitions
83E. Application for a superannuation order
83F. Court may make a superannuation order
83G. Effect of superannuation order
83H. Provisions applying to a superannuation order
83I. Powers of an authorised person to require information
83J. Protection of administrators providing information
83K. Disclosure of information
PART 4--ORDERS IN ADDITION TO SENTENCE
Division 1--Restitution
84. Restitution order
85. Enforcement of restitution order
Division 2--Compensation
85A. Definitions
85B. Compensation order
85C. Application for compensation order
85D. Extension of time for making application
85E. Proceeding on an application
85F. Court must not refuse to hear and determine application except in certain circumstances
85G. Evidence
85H. Court may take financial circumstances of offender into account
85I. Court must reduce compensation by amount of assistance under victims of crime legislation
85J. Court to give reasons for its decision
85K. Costs of proceeding
85L. Right to bring civil proceedings unaffected
85M. Enforcement of order
86AA. Court to ask if application for compensation order will be made
86. Compensation order
87. Enforcement of compensation order
Division 2A--Recovery of assistance paid under victims of crime legislation
87A. Recovery of assistance paid under Victims of Crime Assistance Act 1996
87AB. Recovery of assistance paid under Victims of Crime (Financial Assistance Scheme) Act 2022
87B. Enforcement of order under section 87A or 87AB
Division 2B--Recovery of costs incurred by emergency service agencies
87C. Definitions
87D. Cost recovery order
87E. Application for cost recovery order
87F. Extension of time for making application
87G. How offender may appear on an application
87H. Court may have regard to relevant facts
87I. Evidence
87J. Court may take financial circumstances of offender into account
87K. Court to give reasons for its decision
87L. Costs of proceeding
87M. Right to bring civil proceedings unaffected
87N. Enforcement of order
Division 3--Driver licences and learner permits--suspension, cancellation and driver disqualification
87P. Definition
87Q. Matters to be sent to the Secretary to the Department of Transport
88. Application of Evidence Act 2008
89. Suspension or cancellation of driver licence or learner permit and driver disqualification—certain motor vehicle offences
89A. Suspension or cancellation of driver licence or learner permit and driver disqualification—any offence
89B. Commencement of period of disqualification
89C. Finding on cancellation of driver licence or learner permit or driver disqualification
89D. Presumption in favour of concurrency
89DA. Cancellation on disqualification
89DB. Effect of cancellation
Division 4--Alcohol exclusion orders
89DC. Definitions
89DD. Alcohol exclusion order
89DE. When an alcohol exclusion order must be made
89DF. Offences for contravening alcohol exclusion order
89DG. Variation of alcohol exclusion order
89DH. Chief Commissioner to report on alcohol exclusion orders
Division 5--Serious drug offender
89DI. Declaration by court that person is serious drug offender
PART 4A--IDENTITY CRIME CERTIFICATES
89E. Definitions
89F. Court may issue certificate to victim of identity crime
89G. Contents of certificate
89H. Process for dealing with application
PART 5--MENTALLY ILL OFFENDERS
Division 1--Court Assessment Orders
90. What is a Court Assessment Order?
91. When may the court make a Court Assessment Order?
92. Contents of a Court Assessment Order and notification requirements
93. Effect and duration of Court Assessment Order
94. Court powers following Court Assessment Order
Division 2--Court Secure Treatment Orders
94A. What is a Court Secure Treatment Order?
94B. When may the court make a Court Secure Treatment Order?
94C. Effect and duration of Court Secure Treatment Order
Division 3--Taking persons subject to Court Assessment Order or Court Secure Treatment Order
94D. Custody of persons subject to Court Assessment Order or Court Secure Treatment Order
Division 4--Transitional provisions
94E. Definition
94F. Assessment order and diagnosis, assessment and treatment order
94G. Hospital security order
94H. Restricted involuntary treatment order
94I. Proceedings in relation to orders
PART 6--MAKING OF SENTENCING AND OTHER ORDERS
Division 1--Explanation of orders
95. Explanation of orders
Division 3--Taking other charges into account
100. Disposal of other pending charges
Division 4--Passing of sentence
101. Time and place of sentence
102. Sentence by another judge or magistrate
103. Sentences not invalidated by failure to comply with procedural requirements
PART 7--CORRECTION OF ERRORS
104. Correction of sentences by Supreme Court on judicial review
104A. Power to correct clerical mistakes, etc.
104B. Court may reopen proceeding to correct penalties imposed contrary to law
104C. Effect of reopening a proceeding under section 104B
104D. When proceedings are finally disposed of
PART 8--HISTORICAL HOMOSEXUAL CONVICTIONS
105. Definitions
105AA. Application of this Part
105A. Part to bind the Crown
105B. Application to Secretary for convictions for historical homosexual offences to be expunged
105C. Submission of further information etc.
105D. Consideration of application
105E. Response to enquiries or requests for information
105F. Appointment of advisors
105G. Mandatory tests
105H. Withdrawal of application
105I. Determination of application
105J. Effect of expungement of conviction
105K. Obligations in relation to official records
105L. Jurisdiction of VCAT
105M. Restriction on right to re-apply
105N. Delegation
105O. Confidentiality
105P. Giving of notices
105Q. Evidentiary provisions
105R. Immunity
105S. No entitlement to compensation
PART 9--ROYAL PREROGATIVE OF MERCY
106. Saving of royal prerogative of mercy
107. Release by Governor in exercise of royal prerogative of mercy
108. Penalties for offences may be remitted
PART 9A--SENTENCING ADVISORY COUNCIL
108A. Definitions
108B. Establishment of Sentencing Advisory Council
108C. Functions of the Council
108D. Powers of the Council
108E. Delegation
108F. Board of directors
108G. Chairperson
108H. Terms and conditions of office of directors
108I. Vacancies and removal of directors from office
108J. Travelling and other allowances
108K. Validity of acts or decisions
108L. Meetings of the Board
108M. Staff
108N. Appointment of consultants
108O. Control on expenditure
108P. Parliamentary requirement for information
PART 10--MISCELLANEOUS PROVISIONS
109. Penalty scale
109A. Operation of penalty provisions
110. Meaning of penalty units
111. Location and effect of penalty provisions
112. Classification of offences as indictable or summary
112A. Maximum fine for indictable offence heard and determined summarily
113. Maximum term of imprisonment for indictable offence heard and determined summarily
113A. Maximum term of imprisonment for summary offence
113B. Maximum cumulative term of imprisonment imposable by Magistrates' Court
113C. Maximum term of imprisonment where none prescribed
113D. Increased maximum fine for body corporate
114. Effect of alterations in penalties[19]
115. Old offences relevant in determining previous convictions
115A. Effect where punishment suffered for indictable offence
115B. Delegation
PART 11--REGULATIONS AND GENERAL MATTERS
115C. Infringement penalties
115D. Power to serve an infringement notice
115E. Appointment of authorised person
115F. Reports
116. Regulations
116A. Review of amendments made by Sentencing Amendment (Emergency Worker Harm) Act 2020
PART 12--TRANSITIONALS
117. Transitional provisions
117A. Transitional provisions—Sentencing (Amendment) Act 1993
117B. Transitional provisions—Miscellaneous Acts (Omnibus Amendments) Act 1996
118. Transitional provisions (1997 amendments)
119. Transitional provisions (Sentencing (Amendment) Act 1997)
120. Transitional provisions (1998 amendments)
121. Transitional provision—Courts and Tribunals Legislation (Amendment) Act 2000
122. Transitional provisions—Sentencing (Amendment) Act 1999
123. Transitional provision—Magistrates' Court (Infringements) Act 2000
124. Transitional provisions—Victims of Crime Assistance (Amendment) Act 2000
125. Transitional provisions—Sentencing (Emergency Service Costs) Act 2001
126. Transitional provisions—Sentencing (Amendment) Act 2002
126B. Application of amendment made by the Road Safety (Alcohol Interlocks) Act 2002
127. Transitional provision—Crimes (Property Damage and Computer Offences) Act 2003
127A. Transitional provisions—Corrections and Sentencing Acts (Home Detention) Act 2003
128. Transitional provision—Sentencing (Amendment) Act 2003
129. Transitional provision—Children and Young Persons (Age Jurisdiction) Act 2004
130. Transitional provision—Sentencing (Further Amendment) Act 2005
131. Transitional provision—Sentencing and Mental Health Acts (Amendment) Act 2005
132. Transitional provision—Courts Legislation (Jurisdiction) Act 2006
133. Transitional provisions—Sentencing (Suspended Sentences) Act 2006
134. Transitional provision—Working with Children Act 2005
135. Transitional provision—Criminal Procedure Legislation Amendment Act 2008
136. Transitional provision—Justice Legislation Amendment (Sex Offences Procedure) Act 2008
137. Transitional provision—Crimes Amendment (Identity Crime) Act 2009
138. Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009
139. Transitional provision—Criminal Procedure Act 2009
140. Transitional provision—Sentencing Amendment Act 2009
141. Transitional provision—Justice Legislation Amendment Act 2010
141A. Transitional provision—Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011
142. Transitional provision—Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010
143. Transitional provision—Sentencing Amendment Act 2010
144. Transitional provision—Sentencing Further Amendment Act 2011
145. Transitional provisions—Criminal Procedure Amendment Act 2012
147. Transitional provision—Sentencing Amendment (Community Correction Reform) Act 2011
148. Transitional provision—Road Safety and Sentencing Acts Amendment Act 2012
149. Transitional provision—Criminal Procedure and Sentencing Acts Amendment (Victims of Crime) Act 2012
149A. Validation—Justice Legislation Amendment Act 2013
149B. Transitional provision—Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013
149C. Further transitional provision—Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013
149D. Additional transitional provision—Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013
150. Transitional provisions—Road Safety and Sentencing Acts Amendment Act 2013
151. Transitional provision—Summary Offences and Sentencing Amendment Act 2014
152. Transitional provisions—Sentencing Amendment (Coward's Punch Manslaughter and Other Matters) Act 2014
153. Transitional provision—Criminal Organisations Control and Other Acts Amendment Act 2014—alcohol exclusion orders
154. Transitional provisions—Sentencing Amendment (Emergency Workers) Act 2014—general
156. Transitional provision—Justice Legislation Amendment (Confiscation and Other Matters) Act 2014
156A. Transitional provision—Sentencing Amendment (Correction of Sentencing Error) Act 2015
157. Transitional provision—Sentencing Amendment (Historical Homosexual Convictions Expungement) Act 2014
158. Transitional provisions—Crimes Legislation Amendment Act 2016
159. Transitional provisions—Serious Sex Offenders (Detention and Supervision) Amendment (Community Safety) Act 2016
160. Transitional provision—Police and Justice Legislation Amendment (Miscellaneous) Act 2016
161. Transitional provision—Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017
162. Transitional provision—Sentencing (Community Correction Order) and Other Acts Amendment Act 2016
163. Transitional—Justice Legislation Amendment (Parole Reform and Other Matters) Act 2016
164. Transitional—Fines Reform Amendment Act 2017
165. Transitional provision—Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019
165A. Transitional provisions—Sentencing Amendment (Sentencing Standards) Act 2017
166. Transitional—Justice Legislation Amendment (Victims) Act 2018
167. Transitional provisions—Justice Legislation Miscellaneous Amendment Act 2018
168. Transitional provision—Victims and Other Legislation Amendment Act 2018
169. Transitional provision—Justice Legislation Amendment (Police and Other Matters) Act 2019
170. Transitional provision—Sentencing Amendment (Emergency Worker Harm) Act 2020
171. Transitional provision—Justice Legislation Amendment (Drug Court and Other Matters) Act 2020
SCHEDULE 1
SCHEDULE 1A
SCHEDULE 2
SCHEDULE 3
SCHEDULE 3A
SCHEDULE 4
ENDNOTES
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