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Breach of Combined Custody and Treatment Order

Breaching Offences – VIC

Welcome to the VIC Breach of combined custody and treatment order article page. Everything you need to know about Breach of combined custody and treatment order according to VIC law.

What the Law States according to VIC Law for Breach of combined custody and treatment order

According to VIC Law for the charge of Breach of combined custody and treatment order,

Sentencing Act 1991 – SECT 18W
Breach of combined custody and treatment order

18W. Breach of combined custody and treatment order

(1) If at any time while a combined custody and treatment order is in force the offender fails without reasonable excuse to comply with any condition of it, the offender is guilty of an offence for which he or she may be proceeded against on a charge filed by a prescribed person or a member of a prescribed class of persons.

(2) A proceeding for an offence under subsection (1) may be commenced at any time up until 3 years after the date on which the offence is alleged to have been committed.

(3) Despite anything to the contrary in the Magistrates’ Court Act 1989-

(a) on the filing of a charge referred to in subsection (1), an application under section 28(1) of that Act for the issue of a summons to answer to the charge or a warrant to arrest may be made to the
registrar at any venue of the Magistrates’ Court;

(b) a summons to answer to the charge issued on an application referred to in paragraph (a) must direct the defendant to attend-

(i) at the proper venue of the Magistrates’ Court, if the combined custody and treatment order was made by the Magistrates’ Court; and

(ii) at the Supreme Court or the County Court, if the combined custody and treatment order was made by that court- to answer the charge;

(c) a warrant to arrest issued on an application referred to in paragraph (a) authorises the person to whom it is directed to bring the defendant when arrested before a bail justice or before the court by which the combined custody and treatment order was made to be dealt with according to law.

(4) Despite anything to the contrary in this or any other Act or in any rule of law, the Supreme Court or the County Court may, if the combined custody and treatment order was made by it, hear and determine without a jury an offence against subsection (1) and, subject to any rules of court, the practice and procedure applicable in the Magistrates’ Court to the hearing and determination of summary offences applies so far as is appropriate to the hearing of the offence.

(5) If on the hearing of a charge under subsection (1) the court finds the offender guilty of the offence, it may impose a level 10 fine and in addition must either-

(a) confirm the order originally made; or

(b) whether or not the offender has served any part of the sentence in the community, order the offender to serve in custody the whole part of the sentence that was to be served in the community.

(6) Despite anything to the contrary in subsection (5), if on the hearing of a charge the court finds the offender guilty of the offence it must, in addition to any fine it may impose under subsection (5), exercise the power referred to in paragraph (b) of that subsection unless it is of the opinion that it would be unjust to do so in view of any exceptional circumstances which have arisen since the combined custody and treatment order was made.

(7) If the court decides not to exercise the power referred to in subsection (5)(b), it must state in writing its reasons for so deciding.

(8) The part of a term of imprisonment which a court orders an offender to serve in custody under subsection (5) must be served-

(a) immediately or, if the offender is still serving the original custodial part of the sentence, immediately on the completion of service of that part of the sentence; and

(b) unless the court otherwise orders, cumulatively on any other term of imprisonment previously imposed on the offender by that or any other court.

(9) A fine imposed under this section must be taken for all purposes to be a fine payable on a conviction of an offence.

The Maximum Penalty – Breach of combined custody and treatment order

According to VIC Law for the charge of Breach of combined custody and treatment order, Level 10 fine. The real punishment is that you will normally be made to serve out the period of time that you were released in the community for under this order. The only exception to this is if exceptional circumstances have arisen since the order was made.

What the Police must prove according to VIC Law for Breach of combined custody and treatment order

1. There was a lawful Combined custody and treatment order
2. That it was breached by non-compliance with any condition of the order
3. That the failure to comply was not reasonable

Possible Defences under VIC Law – Breach of combined custody and treatment order

Factual dispute about the non-compliance

In VIC which court will hear the matter – Breach of combined custody and treatment order

Court that imposed the order

 

Date: 09/01/2009

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