Victorian Current Acts

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Time and place of sentence

    (1)     The sentence for an offence may be imposed in open court at any time and at any place in Victoria.

S. 101(2) amended by No. 68/2009 s. 97(Sch. item 110.74).

    (2)     The judge or magistrate presiding at the trial or hearing of an offence or receiving a plea of guilty to an offence or any other judge or magistrate empowered to impose sentence may, when he or she thinks it desirable in the interests of justice so to do and from time to time if necessary—

        (a)     fix, or indicate by reference to a fact or event, the time; and

        (b)     fix the place—

at which the sentence is to be imposed.

    (3)     The judge or magistrate who is to impose sentence for an offence may—

S. 101(3)(a) amended by No. 68/2009 s. 97(Sch. item 110.75).

        (a)     release the person to be sentenced on the person giving an undertaking conditioned for that person's attendance at the proper time and place; or

        (b)     make an order or orders for the removal in custody of that person from one place in Victoria to another.

S. 101(4) amended by No. 45/1996 s. 18(Sch. 2 item 11.15), repealed by No. 45/2001 s. 45.

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    (5)     This section does not take away from any power possessed by a judge or magistrate under statute or at common law.

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