Victorian Current Acts

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SENTENCING ACT 1991 - SECT 94C

Effect and duration of Court Secure Treatment Order

    (1)     As soon as practicable after a Court Secure Treatment Order is made, the person who is subject to the Order must be taken to the designated mental health service referred to in section 94B(1)(d) in accordance with any directions made by the court under section 94D.

    (2)     A person who is subject to a Court Secure Treatment Order becomes a security patient when he or she is received at the designated mental health service.

    (3)     A Court Secure Treatment Order must specify the duration of the Order which must not exceed the period of imprisonment to which the person would have been sentenced had the Order not been made.

    (4)     A court, when making a Court Secure Treatment Order, must fix a non-parole period in accordance with section 11 as if the Order were a term of imprisonment.

    (5)     If, at any time before the end of the period specified in a Court Secure Treatment Order, a person is discharged as a security patient under section 274 of the Mental Health Act 2014 , the Court Secure Treatment Order has effect as a sentence of imprisonment and that unexpired portion must be served in a prison or other place of confinement unless the person is released on parole.

Division 3—Taking persons subject to Court Assessment Order or Court Secure Treatment Order

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



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