Victorian Current Acts Victorian Current ActsS. 33(1) amended by Nos 48/1997 ss 16(7)(8), 17(7), 43/2017 s. 51(1).
(1) Subject to subsection (1A), every term of detention imposed on a young offender by a court (except one imposed in default of payment of a fine or sum of money) must, unless otherwise directed by the court, be served concurrently with any uncompleted sentence or sentences of detention or imprisonment imposed on the young offender, whether before or at the same time as that term.
S. 33(1A) inserted by No. 43/2017 s. 51(2), amended by No. 3/2018 s. 29.
(1A) If one or more of the offences referred to in subsection (1) is—
(a) an offence of escape from a remand centre, a youth residential centre or a youth justice centre; or
(b) an offence involving property damage to a remand centre, a youth residential centre or a youth justice centre—
any period of detention imposed on the young offender for that offence or those offences must be served cumulatively with any uncompleted sentence or sentences of detention in a youth justice centre imposed on the young offender, unless the Court, at the time of sentencing, states that the sentences are concurrent and gives reasons for its decision.
S. 33(2) amended by No. 48/1997 ss 16(7), 17(7).
(2) Every term of detention imposed on a young offender by a court in default of payment of a fine or sum of money must, unless otherwise directed by the court, be served—
S. 33(2)(a) amended by No. 48/1997 s. 16(8).
(a) cumulatively on any uncompleted sentence or sentences of detention or imprisonment imposed on the young offender in default of payment of a fine or sum of money; but
S. 33(2)(b) amended by No. 48/1997 s. 16(8).
(b) concurrently with any other uncompleted sentence or sentences of detention or imprisonment imposed on the young offender—
whether that other sentence was, or those other sentences were, imposed before or at the same time as that term.
S. 33(3) amended by No. 48/1997 ss 16(7)(9), 17(7).
(3) A sentence of detention imposed on a young offender which is to be served concurrently with a sentence of imprisonment must be served as imprisonment in a prison until the young offender has served the sentence of imprisonment.
(4) This section has effect despite anything to the contrary in any Act.