Victorian Current Acts

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Release on adjournment without conviction

    (1)     A court, on being satisfied that a person is guilty of an offence, may (without recording a conviction) adjourn the proceeding for a period of up to 60 months and release the offender on the offender giving an undertaking with conditions attached.

    (2)     An undertaking under subsection (1) must have as conditions—

S. 75(2)(a) amended by No. 68/2009 s. 97(Sch. item 110.52).

        (a)     that the offender attends before the court if called on to do so during the period of the adjournment and, if the court so specifies, at the time to which the further hearing is adjourned; and

        (b)     that the offender is of good behaviour during the period of the adjournment; and

S. 75(2)(c) amended by No. 31/2013 s. 9(3).

        (c)     that the offender observes any special conditions imposed by the court and may include a condition requiring the offender to make a payment to an organisation that provides a charitable or community service or to the court for payment to such an organisation.

S. 75(3) amended by Nos 48/1997 s. 28(1), 65/2011 s. 30, 26/2012 s. 57.

    (3)     Subject to Division 2 of Part 3BA, a court may attach a justice plan condition that the offender participate in the services specified in a justice plan for a period of up to 2 years specified by the court or the period of the adjournment, whichever is the shorter.

S. 75(4) amended by No. 68/2009 s. 97(Sch. item 110.53).

    (4)     An offender who has given an undertaking under subsection (1) may be called on to attend before the court—

        (a)     by order of the court; or

        (b)     by notice issued by the proper officer of the court.

S. 75(5) amended by No. 68/2009 s. 97(Sch. item 110.54).

    (5)     An order or notice under subsection (4) must be served on the offender not less than 4 days before the time specified in it for the attendance.

    (6)     If at the time to which the further hearing of a proceeding is adjourned the court is satisfied that the offender has observed the conditions of the undertaking, it must dismiss the charge without any further hearing of the proceeding.

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