Sentencing Regulations 2002

i Sentencing Regulations 2002 S.R. No. 21/2002 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Revocation 2 5. Definition 2 PART 2—GENERAL MATTERS 3 6. Prescribed persons and classes of persons 3 7. Regional Manager to keep records 5 8. Review of special condition of a justice plan 5 9. Assessment order 6 10. Diagnosis, assessment and treatment order 6 11. Certificate of a psychiatrist 6 12. Report of authorised psychiatrist 6 13. Hospital orders 6 14. Declaration about time held in custody 6 PART 3—CUSTODIAL ORDERS AND COMMUNITY-BASED ORDERS 7 15. Definition 7 16. Form of intensive correction order 7 17. Lawful instructions and directions 7 18. Prescribed programs 8 19. Application for variation or cancellation of intensive correction order 8 20. Form of community-based order 8 21. Commencement of community-based order 9 22. Application for variation or cancellation of community-based order 9 23. Payment of fines 9 24. Copies of orders 9 -- 1 of 36 -- Regulation Page ii 25. Nature of unpaid community work 10 26. Offender's obligations under intensive correction order or community-based order 10 PART 4—DRUG TREATMENT ORDERS 13 27. Prescribed class of persons 13 28. Copies of order 13 29. Nature of unpaid community work 13 30. Offender's obligations 14 __________________ SCHEDULE 16 FORMS 16 Form 1—Notice of application for review of special condition of justice plan 16 Form 2—Assessment order for admission to and detention in an approved mental health service 18 Form 3—Diagnosis, assessment and treatment order 20 Form 4—Certificate of psychiatrist for diagnosis, assessment and treatment order, hospital order or hospital security order 21 Form 5—Report of authorised psychiatrist for diagnosis, assessment and treatment order, hospital order or hospital security order 23 Form 6—Hospital order 24 Form 7—Hospital security order 25 Form 8—Declaration about time held in custody 26 Form 9—Intensive correction order 27 Form 10—Application for variation or cancellation of intensive correction order 29 Form 11—Community-based order 31 Form 12—Application for variation or cancellation of community- based order 33 ═══════════════ ENDNOTES 34 -- 2 of 36 -- 1 STATUTORY RULES 2002 S.R. No. 21/2002 Sentencing Act 1991 Sentencing Regulations 2002 The Lieutenant-Governor as the Governors Deputy with the advice of the Executive Council makes the following Regulations: Dated: 9 April 2002 Responsible Minister: ROB HULLS Attorney-General LUKAS MARTIN Acting Clerk of the Executive Council PART 1—PRELIMINARY 1. Objective The objective of these Regulations is to prescribe matters for the purposes of the Sentencing Act 1991 including prescribing— (a) persons and classes of persons; and (b) forms and procedures. 2. Authorising provision These Regulations are made under section 116 of the Sentencing Act 1991. 3. Commencement (1) These Regulations, except Part 4, come into operation on 14 April 2002. -- 3 of 36 -- S.R. No. 21/2002 Sentencing Regulations 2002 2 (2) Part 4 of these Regulations comes into operation when section 5 of the Sentencing (Amendment) Act 2002 comes into operation. 4. Revocation The following Regulations are revoked— (a) the Sentencing Regulations 1992 1 ; (b) the Sentencing (No. 2) Regulations 1992 2 ; (c) the Sentencing (No. 2) (Amendment) Regulations 1993 3 ; (d) the Sentencing (No. 2) (Amendment) Regulations 1996 4 ; (e) the Sentencing (No. 2) (Amendment) Regulations 1997 5 . 5. Definition In these Regulations— "Act" means the Sentencing Act 1991. __________________ r. 4 -- 4 of 36 -- S.R. No. 21/2002 Sentencing Regulations 2002 3 PART 2—GENERAL MATTERS 6. Prescribed persons and classes of persons (1) For the purposes of the section of the Act specified in column 1 of the Table, the person specified in column 2 of the Table and the class of persons specified in column 3 of the Table are prescribed. TABLE Column 1 Section Column 2 Prescribed person Column 3 Prescribed class of persons 18W(1) The Director of Public Prosecutions. The Secretary to the Department of Justice. Members of staff employed in the Office of Public Prosecutions as legal practitioners or as legal executives. Members of staff employed in CORE— the Public Correctional Enterprise in the Department of Justice— as Senior Prosecutions Officers. Community corrections officers. 26(1) The Director of Public Prosecutions. The Secretary to the Department of Justice. Members of staff employed in the Office of Public Prosecutions as legal practitioners or as legal executives. Members of staff employed in CORE— the Public Correctional Enterprise in the Department of Justice— as Senior Prosecutions Officers. Community corrections officers. r. 6 -- 5 of 36 -- S.R. No. 21/2002 Sentencing Regulations 2002 4 Column 1 Section Column 2 Prescribed person Column 3 Prescribed class of persons 31(1) The Director of Public Prosecutions. The informant. Members of staff employed in the Office of Public Prosecutions as legal practitioners or as legal executives. Members of the police force. 47(1) The Director of Public Prosecutions. The Secretary to the Department of Justice. Members of staff employed in the Office of Public Prosecutions as legal practitioners or as legal executives. Members of staff employed in CORE— the Public Correctional Enterprise in the Department of Justice— as Senior Prosecutions Officers. Community corrections officers. 61(3)(b) The informant. Members of staff employed in the Office of Public Prosecutions as legal practitioners or as legal executives. Members of the police force. 78(3)(b) The informant. Members of staff employed in the Office of Public Prosecutions as legal practitioners or as legal executives. Members of the police force. r. 6 -- 6 of 36 -- S.R. No. 21/2002 Sentencing Regulations 2002 5 Column 1 Section Column 2 Prescribed person Column 3 Prescribed class of persons 79(1) The Director of Public Prosecutions. The informant. Members of staff employed in the Office of Public Prosecutions as legal practitioners or as legal executives. Members of the police force. 81(2)(c) The informant. Members of the police force. 82(2)(c) The informant. Members of the police force. (2) A reference in the Table to the informant is a reference to the informant in the proceeding for which the sentencing order was made. 7. Regional Manager to keep records The Regional Manager of the region in which a community corrections centre is located must keep accurate records of— (a) the dates and hours on which each offender— (i) has satisfactorily performed unpaid community work; or (ii) has not satisfactorily performed unpaid community work; and (b) the times at which the offender attends at the community corrections centre or at other places that he or she is required by the Regional Manager to attend. 8. Review of special condition of a justice plan An application under section 82 of the Act must be in writing in Form 1 in the Schedule. r. 7 -- 7 of 36 -- S.R. No. 21/2002 Sentencing Regulations 2002 6 9. Assessment order An assessment order under section 90 of the Act must be in Form 2 in the Schedule. 10. Diagnosis, assessment and treatment order A diagnosis, assessment and treatment order under section 91 of the Act must be in Form 3 in the Schedule. 11. Certificate of a psychiatrist For the purposes of sections 91(b) and 93(1)(b) of the Act, the prescribed form of a certificate of a psychiatrist is Form 4 in the Schedule. 12. Report of authorised psychiatrist For the purposes of sections 91(c) and 93(1)(c) of the Act, the prescribed form of a report of an authorised psychiatrist is Form 5 in the Schedule. 13. Hospital orders (1) A hospital order under section 93 of the Act must be in Form 6 in the Schedule. (2) A hospital security order under section 93 of the Act must be in Form 7 in the Schedule. 14. Declaration about time held in custody A declaration made by a court under section 18(4) or 35(4) of the Act must be in Form 8 in the Schedule, if the declaration is not incorporated in the Schedule to the Warrant to Imprison. __________________ r. 9 -- 8 of 36 -- S.R. No. 21/2002 Sentencing Regulations 2002 7 PART 3—CUSTODIAL ORDERS AND COMMUNITY-BASED ORDERS 15. Definition In this Part— "holiday", in relation to a community corrections centre, means a day appointed as a public holiday or declared as a bank holiday under the Public Holidays Act 1993 in the place in which the community corrections centre is located. 16. Form of intensive correction order An intensive correction order under section 19 of the Act must be in Form 9 in the Schedule. 17. Lawful instructions and directions (1) Unless sub-regulation (2) applies, a lawful instruction or direction given to an offender by a community corrections officer under section 20(1)(g) or 37(1)(f) of the Act must be— (a) in writing; and (b) signed by the community corrections officer. (2) A lawful instruction or direction may be given orally in the presence and hearing of a witness if, due to the urgent need to give the instruction or direction or through other exceptional circumstances, it is not possible for the instruction or direction to be given in writing. r. 15 -- 9 of 36 -- S.R. No. 21/2002 Sentencing Regulations 2002 8 18. Prescribed programs The following programs are prescribed programs for the purposes of section 21 of the Act. Name of Program Requirements of Program Alcohol and other Drug Treatment Program Participation in residential treatment or in intensive community-based counselling or both as directed by the officer in charge of the program or by a community corrections officer or by both officers Drink Drivers Program Participation in residential treatment or in intensive community-based counselling or both as directed by the officer in charge of the program or by a community corrections officer or by both officers Young Adult Offenders Training Program Participation in residential training or in intensive community-based counselling or both as directed by the officer in charge of the program or by a community corrections officer or by both officers 19. Application for variation or cancellation of intensive correction order (1) An application under section 25(1) of the Act to vary or cancel an intensive correction order must be made in writing in Form 10 in the Schedule. (2) The applicant must ensure that a copy of the application is given to the Director of Community Correctional Services within a reasonable time before it is to be heard. 20. Form of community-based order A community-based order under section 36 of the Act must be in Form 11 in the Schedule. r. 18 -- 10 of 36 -- S.R. No. 21/2002 Sentencing Regulations 2002 9 21. Commencement of community-based order A court making a community-based order may fix a date for its commencement that is not more than 3 months after the order is made. 22. Application for variation or cancellation of community-based order (1) An application under section 46(1) of the Act to vary or cancel a community-based order must be made in writing in Form 12 in the Schedule. (2) The applicant must ensure that a copy of the application is given to the Director of Community Correctional Services as soon as possible after making the application. 23. Payment of fines (1) For the purposes of section 48(2) of the Act, payment of a fine may be made— (a) in person at a community corrections centre between 10.00 a.m. and 2.30 p.m. on any Monday to Friday that is not a holiday; or (b) by post to a community corrections centre. (2) Payment may be made in cash, or by bank cheque (marked "not negotiable") or money order made payable to the Department of Justice. (3) A payment by bank cheque is not made until the cheque is honoured on presentation to the relevant bank. 24. Copies of orders (1) After a court has made an intensive correction order or a community-based order, it must as soon as practicable— (a) cause a copy of the order to be given to the offender and to the Regional Manager; and r. 21 -- 11 of 36 -- S.R. No. 21/2002 Sentencing Regulations 2002 10 (b) if it is the Supreme Court or the County Court, cause a copy of the order to be given to the supervising court together with any documents and information relating to the case that it considers likely to assist the supervising court in exercising its functions in relation to the order. (2) A document may be given under sub-regulation (1) by post. 25. Nature of unpaid community work (1) Offenders may be required under an intensive correction order or a community-based order to perform unpaid community work— (a) at a hospital, educational or charitable institution or for any other non-profit body; or (b) at the home of any socially disadvantaged or disabled person or any institution for such persons; or (c) on any Crown land or land occupied by the Crown; or (d) on any land owned, leased or occupied for a public purpose by any person or body under any Act. (2) Offenders must not be required to perform work of a nature that would normally be performed by paid labour. 26. Offender's obligations under intensive correction order or community-based order (1) An offender who is required to attend at a community corrections centre or other place, or to perform unpaid community work, under the provisions of an intensive correction order or a community-based order must— r. 25 -- 12 of 36 -- S.R. No. 21/2002 Sentencing Regulations 2002 11 (a) obey all lawful instructions and directions of the Regional Manager; and (b) not consume any alcoholic substances— (i) for at least 8 hours before attending at the centre or other place; or (ii) when attending at the centre or other place; or (iii) when performing unpaid community work; and (c) not bring any alcoholic substance to any place where an educational or other program is provided under the order; and (d) not bring any alcoholic substance to any place where unpaid community work is to be performed under the order; and (e) not leave any place where he or she is performing unpaid community work without the permission of the Regional Manager or the community corrections officer to whom he or she is required to report under the order; and (f) as soon as practicable notify the Regional Manager or a community corrections officer at the community corrections centre concerned if he or she is unable to attend at the centre or as otherwise directed on any occasion required under the order; and (g) as soon as practicable notify the Regional Manager or a community corrections officer at the community corrections centre concerned if he or she is delayed in attending at the centre or as otherwise directed on any occasion required under the order; and r. 26 -- 13 of 36 -- S.R. No. 21/2002 Sentencing Regulations 2002 12 (h) when next attending at the community corrections centre, produce a medical certificate signed by a doctor if, as a result of illness, he or she does not attend at the centre or as otherwise directed on any occasion required under the order; and (i) not enter the administrative offices of a community corrections centre without first obtaining permission from the Regional Manager or a community corrections officer. (2) An offender must attend as directed by the Regional Manager, and do all things necessary, to have his or her photograph taken to be included in the records of the community corrections centre. (3) If, under an intensive correction order or a community-based order, an offender is required to undergo assessment or treatment for alcohol or drug addiction or submit to medical, psychological or psychiatric assessment and treatment he or she must— (a) answer all reasonable questions put to him or her; and (b) undergo all reasonable tests required; and (c) undergo all reasonable treatment required— by the person who is authorised to carry out that assessment or treatment. __________________ r. 26 -- 14 of 36 -- S.R. No. 21/2002 Sentencing Regulations 2002 13 PART 4—DRUG TREATMENT ORDERS 27. Prescribed class of persons For the purposes of sections 18ZH(2)(c), 18ZL(5)(b), 18ZN(2)(b) and 18ZP(3)(c) of the Act, the prescribed class of persons is community corrections officers. 28. Copies of order (1) After the Drug Court has made a drug treatment order, it must as soon as practicable cause a copy of the order to be given to the offender and to the Regional Manager. (2) A document may be given under sub-regulation (1) by post. 29. Nature of unpaid community work (1) An offender who is required to perform unpaid community work under the provisions of an order made under section 18ZL of the Act may be required to perform the work— (a) at a hospital, educational or charitable institution or for any other non-profit body; or (b) at the home of any socially disadvantaged or disabled person or any institution for such persons; or (c) on any Crown land or land occupied by the Crown; or (d) on any land owned, leased or occupied for a public purpose by any person or body under any Act. (2) An offender must not be required to perform work of a nature that would normally be performed by paid labour. r. 27 -- 15 of 36 -- S.R. No. 21/2002 Sentencing Regulations 2002 14 30. Offender's obligations (1) An offender who is required to attend at a community corrections centre or other place under the provisions of a drug treatment order, or to perform unpaid community work under the provisions of an order made under section 18ZL of the Act, must— (a) obey all lawful instructions and directions of the Regional Manager; and (b) not consume any alcoholic substances— (i) for at least 8 hours before attending at the centre or other place; or (ii) when attending at the centre or other place; or (iii) when performing unpaid community work; and (c) not bring any alcoholic substance to any place where an educational or other program is provided under the order; and (d) not bring any alcoholic substance to any place where unpaid community work is to be performed under the order; and (e) not leave any place where he or she is performing unpaid community work without the permission of the Regional Manager or the community corrections officer to whom he or she is required to report under the order; and (f) as soon as practicable notify the Regional Manager or a community corrections officer at the community corrections centre concerned if he or she is unable to attend at the centre or as otherwise directed on any occasion required under the order; and r. 30 -- 16 of 36 -- S.R. No. 21/2002 Sentencing Regulations 2002 15 (g) as soon as practicable notify the Regional Manager or a community corrections officer at the community corrections centre concerned if he or she is delayed in attending at the centre or as otherwise directed on any occasion required under the order; and (h) when next attending at the community corrections centre, produce a medical certificate signed by a doctor if, as a result of illness, he or she does not attend at the centre or as otherwise directed on any occasion required under the order; and (i) not enter the administrative offices of a community corrections centre without first obtaining permission from the Regional Manager or a community corrections officer. (2) An offender must attend as directed by the Regional Manager, and do all things necessary, to have his or her photograph taken to be included in the records of the community corrections centre. (3) An offender undergoing any assessment or treatment under the provisions of a drug treatment order must— (a) answer all reasonable questions put to him or her; and (b) undergo all reasonable tests required; and (c) undergo all reasonable treatment required— by the person who is authorised to carry out that assessment or treatment. __________________ r. 30 -- 17 of 36 -- S.R. No. 21/2002 Sentencing Regulations 2002 16 SCHEDULE FORMS FORM 1 Regulation 8 NOTICE OF APPLICATION FOR REVIEW OF SPECIAL CONDITION OF JUSTICE PLAN Ref. No. This application is being made by of TO: of ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– SENTENCING ORDER On / / ❑ the court made a community-based order in respect of ❑ you were/I was released on an adjournment following conviction/without conviction for the following offence: The Court imposed a special condition that you/I participate in the services specified in a justice plan for a period of ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– APPLICATION I intend to apply to the Court under section 82 of the Sentencing Act 1991 to review the special condition. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Sch. -- 18 of 36 -- S.R. No. 21/2002 Sentencing Regulations 2002 17 GROUNDS OF THIS APPLICATION ❑ that the offender is no longer willing to comply with the special condition. ❑ that the needs of the offender are not being met by the special condition. ❑ that the offender has failed without reasonable excuse to comply with the special condition. ❑ that the justice plan is no longer appropriate. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– NOTICE OF APPLICATION The above application is being made to the Court at . The application will be heard on Day Month Year at a.m./p.m. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Signature of applicant WARNING TO THE OFFENDER: If you do not attend Court at the above time and place, a warrant to arrest may be issued against you. ❑ Tick whichever applies __________________ Sch. -- 19 of 36 -- S.R. No. 21/2002 Sentencing Regulations 2002 18 FORM 2 Regulation 9 ASSESSMENT ORDER FOR ADMISSION TO AND DETENTION IN AN APPROVED MENTAL HEALTH SERVICE Ref. No. Informant of Defendant of TO: The Authorised Psychiatrist of an approved mental health service. 1. The defendant has been found guilty of the following offence: 2. The Court is of the opinion that— (a) the defendant appears to be mentally ill and may require treatment for the illness; and (b) the treatment can be obtained by admission to and detention in an approved health service; and (c) because of the defendant's mental illness, the defendant should be admitted and detained for treatment as an involuntary patient for his or her health or safety (whether to prevent a deterioration in the defendant's physical or mental condition or otherwise) or for the protection of members of the public. 3. The Court has received advice in writing from you that the service has the facilities to undertake an assessment of the defendant's suitability for a hospital order or hospital security order. THE COURT ORDERS that the defendant be admitted to and detained in the above approved mental health service as an involuntary patient for a period of hours (not exceeding 72 hours) to enable an assessment to be made of his or her suitability for an order under section 93 of the Sentencing Act 1991, and thereafter to be brought before this Court on at a.m./p.m. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Sch. -- 20 of 36 -- S.R. No. 21/2002 Sentencing Regulations 2002 19 CUSTODY OF DEFENDANT [To be completed as necessary] [Full name in block letters] employed by [insert employer's name] as [insert designation] shall be responsible for taking the defendant— (a) to the approved mental health service named above; and (b) from the approved mental health service named above to the Court. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Dated: Day Month Year Signature of Judge/Magistrate __________________ Sch. -- 21 of 36 -- S.R. No. 21/2002 Sentencing Regulations 2002 20 FORM 3 Regulation 10 DIAGNOSIS, ASSESSMENT AND TREATMENT ORDER Ref. No. Informant of Defendant of TO: The Authorised Psychiatrist of an approved mental health service. THE COURT ORDERS that the defendant be admitted to and detained in the above approved mental health service as an involuntary patient to enable diagnosis, assessment and treatment for a period of (not exceeding 3 months) under section 91 of the Sentencing Act 1991. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– CUSTODY OF DEFENDANT [To be completed as necessary] [Full name in block letters] employed by [insert employer's name] as [insert designation] shall be responsible for taking the defendant— ❑ to the approved mental health service named above; and ❑ from the approved mental health service named above to the court. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Dated: Day Month Year Signature of Judge/Magistrate ❑ Tick whichever applies __________________ Sch. -- 22 of 36 -- S.R. No. 21/2002 Sentencing Regulations 2002 21 FORM 4 Regulation 11 CERTIFICATE OF PSYCHIATRIST FOR DIAGNOSIS, ASSESSMENT AND TREATMENT ORDER, HOSPITAL ORDER OR HOSPITAL SECURITY ORDER Ref. No. Date of hearing To the Court Full name of defendant Defendant's address ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– I am a registered medical practitioner and psychiatrist. I personally examined the defendant on at a.m./p.m. It is my opinion that— (a) the defendant appears to be mentally ill and to require treatment for the illness; and (b) the treatment can be obtained by admission to and detention in an approved mental health service; and (c) the defendant should be admitted— ❑ as an involuntary patient under section 91 of the Sentencing Act 1991 for diagnosis, assessment and treatment for a period not exceeding 3 months, ❑ as an involuntary patient under section 93(1)(d) of the Sentencing Act 1991, ❑ as a security patient under section 93(1)(e) of the Sentencing Act 1991, for his or her health or safety (whether to prevent a deterioration in the defendant's physical or mental condition or otherwise) or for the protection of members of the public. I base my opinion on the following facts: ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Sch. -- 23 of 36 -- S.R. No. 21/2002 Sentencing Regulations 2002 22 Signature of certifying psychiatrist [Full name in block letters] [Full address] Telephone No. [Qualifications] Date: ❑ Tick whichever applies __________________ Sch. -- 24 of 36 -- S.R. No. 21/2002 Sentencing Regulations 2002 23 FORM 5 Regulation 12 REPORT OF AUTHORISED PSYCHIATRIST FOR DIAGNOSIS, ASSESSMENT AND TREATMENT ORDER, HOSPITAL ORDER OR HOSPITAL SECURITY ORDER Ref. No. Date of hearing To the Court Full name of defendant Defendant's address I have read the certificate of Dr. [full name] dated concerning the defendant and I recommend that the defendant be admitted to and detained in an approved mental health service— ❑ as an involuntary patient under section 91 of the Sentencing Act 1991 for diagnosis, assessment and treatment for a period not exceeding 3 months. ❑ as an involuntary patient under section 93(1)(d) of the Sentencing Act 1991. ❑ as a security patient under section 93(1)(e) of the Sentencing Act 1991. I [full name] am the authorised psychiatrist of the above approved mental health service. [signature of authorised psychiatrist] [Qualifications] Telephone No. Date ❑ Tick whichever applies __________________ Sch. -- 25 of 36 -- S.R. No. 21/2002 Sentencing Regulations 2002 24 FORM 6 Regulation 13(1) HOSPITAL ORDER Ref. No. Informant of Defendant of TO: The Authorised Psychiatrist of an approved mental health service. THE COURT ORDERS that the defendant be admitted to and detained in the above approved mental health service as an involuntary patient under section 93(1)(d) of the Sentencing Act 1991. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– CUSTODY OF DEFENDANT [To be completed as necessary] [Full name in block letters] employed by [insert employer's name] as [insert designation] shall be responsible for taking the defendant to the approved mental health service named above. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Dated: Day Month Year Signature of Judge/Magistrate __________________ Sch. -- 26 of 36 -- S.R. No. 21/2002 Sentencing Regulations 2002 25 FORM 7 Regulation 13(2) HOSPITAL SECURITY ORDER Ref. No. Informant of Defendant of TO: The Authorised Psychiatrist of an approved mental health service. THE COURT ORDERS that the defendant be admitted to and detained in the above approved mental health service as a security patient under section 93(1)(e) of the Sentencing Act 1991 for a period of . The non-parole period of is fixed. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– CUSTODY OF DEFENDANT [To be completed as necessary] [Full name in block letters] employed by [insert employer's name] as [insert designation] shall be responsible for taking the defendant to the approved mental health service named above. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Dated: Day Month Year Signature of Judge/Magistrate __________________ Sch. -- 27 of 36 -- S.R. No. 21/2002 Sentencing Regulations 2002 26 FORM 8 Regulation 14 DECLARATION ABOUT TIME HELD IN CUSTODY Ref. No. On / / the Court at sentenced of Date of Birth / / to weeks months years detention imprisonment ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Declaration ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– The offender has been held in custody in relation to proceedings connected with the offence to which this sentence applies and for no other reason for— Days Weeks Months This period is to be reckoned as already served under the sentence. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– This declaration was made by ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Signature Judge/Magistrate Day Month Year ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– __________________ Sch. -- 28 of 36 -- S.R. No. 21/2002 Sentencing Regulations 2002 27 FORM 9 Regulation 16 INTENSIVE CORRECTION ORDER Ref. No. To: Date of Birth / / Of: The Court at on / / convicted you of: You are sentenced to imprisonment for , which, with your consent, will be served by way of intensive correction in the community. While undertaking this Intensive Correction Order YOU MUST: • not commit another offence that is punishable by imprisonment; • report to a community corrections centre as specified within 2 clear working days after the coming into force of the order; • report to, or receive visits from, a community corrections officer as directed at least twice per week during the period of the order; • attend at a community corrections centre or other location as directed, for 12 hours each week to undertake unpaid community work for not less than 8 hours and, if directed by the Regional Manager, to undergo counselling or treatment for a specified psychological, psychiatric, drug or alcohol problem; • notify a community corrections officer within 2 clear working days if you change your address or job; • not leave Victoria without first getting permission to do so from a community corrections officer; • obey all lawful instructions from and directions of community corrections officers. You must also: (insert special condition) This order commences on / / . You must attend the Community Corrections Centre at the address given below by at The Magistrates Court will supervise this order. Sch. -- 29 of 36 -- S.R. No. 21/2002 Sentencing Regulations 2002 28 I understand the effect and conditions of this order and consent to it being made: Signature of Defendant This order was made on / / Signature of Judge/Magistrate __________________ Sch. -- 30 of 36 -- S.R. No. 21/2002 Sentencing Regulations 2002 29 FORM 10 Regulation 19 APPLICATION FOR VARIATION OR CANCELLATION OF INTENSIVE CORRECTION ORDER Ref. No. This application is being made by of To: ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Information about the intensive correction order ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Which Court made the order? The Court at When was the order made? It was made on / / . It started on / / . It ends on / / . ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Information about this application ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– I want the intensive correction order cancelled/varied so that— I want the order cancelled/varied because ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– NOTICE OF APPLICATION To: The above application is being made to the Court at The application will be heard on Day Month Year at a.m./p.m. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Signature of Applicant Dated: Day Month Year Sch. -- 31 of 36 -- S.R. No. 21/2002 Sentencing Regulations 2002 30 __________________ -- 32 of 36 -- S.R. No. 21/2002 Sentencing Regulations 2002 31 FORM 11 Regulation 20 COMMUNITY-BASED ORDER Ref. No. To: Date of Birth / / Of: The Court at on / / found you guilty of/convicted of: The order commences on / / and ends on / / . You must attend within 2 clear working days after the commencement of this order. The Magistrates' Court will supervise this order. The program conditions that apply in addition to the core conditions listed below are: The core conditions that apply to all community-based orders are that YOU MUST: • not commit another offence for which you could be imprisoned during the time that the order is in force; • report to the Community Corrections Centre within two clear working days of the order starting; • report to, and receive visits from, a community corrections officer; • let a community corrections officer know within two clear working days of you changing your address or job; • not leave Victoria without first getting permission to do so from a community corrections officer; • obey all lawful instructions from and directions of community corrections officers; Sch. -- 33 of 36 -- S.R. No. 21/2002 Sentencing Regulations 2002 32 I understand the effect and conditions of this order and consent to it being made: Signature of Defendant This order was made on / / Signature of Judge/Magistrate __________________ Sch. -- 34 of 36 -- S.R. No. 21/2002 Sentencing Regulations 2002 33 FORM 12 Regulation 22 APPLICATION FOR VARIATION OR CANCELLATION OF COMMUNITY-BASED ORDER Ref. No. This application is being made by of To: ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Information about the community-based order ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Which Court made the order? The Court at When was the order made? It was made on / / . It started on / / . It ends on / / . ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Information about this application ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– I want the community-based order cancelled/varied so that— I want the order cancelled/varied because ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– NOTICE OF APPLICATION To: The above application is being made to the Court at The application will be heard on Day Month Year at a.m./p.m. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Signature of Applicant Dated: Day Month Year ═══════════════ Sch. -- 35 of 36 -- S.R. No. 21/2002 Sentencing Regulations 2002 34 ENDNOTES 1 Reg. 4(a): S.R. No. 53/1992. 2 Reg. 4(b): S.R. No. 54/1992. 3 Reg. 4(c): S.R. No. 149/1993. 4 Reg. 4(d): S.R. No. 49/1996. 5 Reg. 4(e): S.R. No. 126/1997. Endnotes -- 36 of 36 --