Victorian Current Acts

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SENTENCING ACT 1991 - SECT 107

Release by Governor in exercise of royal prerogative of mercy

    (1)     The Governor may, in any case in which he or she is authorised on behalf of Her Majesty to extend mercy to any person under sentence of imprisonment, do so by directing that he or she be released, even before the end of a non-parole period

        (a)     on giving an undertaking; or

S. 107(1)(b) amended by No. 48/2006 s. 42(Sch. item 32.9).

        (b)     on parole under and subject to the Corrections Act 1986 or the Children, Youth and Families Act 2005 , as the case requires.

    (2)     An undertaking under subsection (1)(a)—

        (a)     must have as a condition that the person be of good behaviour; and

        (b)     may have as a condition that the person be under the supervision of a community corrections officer; and

        (c)     may have any other condition that the Governor considers to be in the interests of the person or the community.

    (3)     The period of an undertaking under subsection (1)(a) is the period fixed by the Governor, which must not be less than the unexpired term of the original sentence.

    (4)     A person who gives an undertaking under subsection (1)(a) must be released from custody.

S. 107(5) amended by No. 6/2018 s. 68(Sch. 2 item 115.6).

    (5)     If at any time during the period of an undertaking under subsection (1)(a) the Magistrates' Court is satisfied by evidence on oath or by affirmation or affidavit or by the admission of the person who gave the undertaking that that person has failed without reasonable excuse to comply with any condition of the undertaking, it may impose a fine not exceeding level 12 and direct that the person be committed to prison for the unexpired term of the original sentence.

    (6)     Except with the consent of the person who gave the undertaking, the Magistrates' Court must not deal with him or her under subsection (5) unless he or she has been served with a notice to attend on the hearing of the proceeding.

    (7)     The Magistrates' Court may order that a warrant to arrest be issued against a person who gave an undertaking if he or she does not attend before the Court on the hearing of the proceeding under subsection (5).

    (8)     A registrar of the Magistrates' Court may sign any warrant that may be necessary for the purpose of subsection (5) and the period of imprisonment after committal begins on the day of the committal, if the person is then before the court, and if not, on the day of his or her subsequent arrest.

    (9)     A person who gives an undertaking under subsection (1)(a) is discharged from the original sentence at the end of the period of the undertaking if an order has not been made under subsection (5).

    (10)     If the Magistrates' Court recommits a person to prison under this section, the Corrections Act 1986 applies as if the person had just been convicted by that Court and sentenced to be imprisoned for a term equal to the unexpired term of the original sentence.

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



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