Victorian Current Acts

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SENTENCING ACT 1991 - SECT 94

Court powers following Court Assessment Order

    (1)     If the court has considered a report made by an authorised psychiatrist after examining a person subject to a Court Assessment Order, the court may—

        (a)     make a Court Secure Treatment Order in relation to the person in accordance with section 94B; or

        (b)     impose sentence on the person according to law.

Note

Section 43(d) of the Mental Health Act 2014 provides that an authorised psychiatrist must give a report to the court after assessing a person subject to a Court Assessment Order.

    (2)     The court must deduct from the duration of the Court Secure Treatment Order or the sentence, the period of time that the person was detained under the Court Assessment Order.

Division 2—Court Secure Treatment Orders

S. 94A inserted by No. 26/2014 s. 435.



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