Victorian Current Acts

CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997 - SECT 28

    (1)     The court must set a nominal term of a supervision order in accordance with the following table—

Offence person found not guilty of because of mental impairment or found at special hearing to have committed	Nominal term
(a)     murder or treason	25 years
(b)     a serious offence (within the meaning of the Sentencing Act 1991 ) other than—               (i)     murder; or               (ii)     an offence against section 20 of the Crimes Act 1958 (threats to kill)	a period equivalent to the maximum term of imprisonment available for the offence
(c)     any other offence for which there is a statutory maximum term of imprisonment	a period equivalent to half the maximum term of imprisonment available for the offence
(d)     any other offence punishable by imprisonment but for which there is no statutory maximum term	a period specified by the court

    (2)     If a person—

        (a)     is found not guilty because of mental impairment of more than one offence; or

        (b)     is found at a special hearing to have committed more than one offence—

the nominal term must be calculated by reference to the offence that carries the longest maximum term of imprisonment.

    (3)     For the purpose of subsection (2), the maximum term of imprisonment—

        (a)     for murder or treason is to be taken to be 25 years;

        (b)     for any other offence punishable by imprisonment for which there is no statutory maximum term, is a period specified by the court.

S. 28(4) inserted by No. 7/2002 s. 7(3).

    (4)     In setting a nominal term for a supervision order, the court must declare the day from which the nominal term runs.

S. 28(5) inserted by No. 7/2002 s. 7(3).

    (5)     For the purpose of declaring a day under subsection (4), the court may take into account any period of time during which the person subject to the order was held in custody or detained in an appropriate place in relation to proceedings for the offence which led to the making of the supervision order or proceedings arising from those proceedings (including proceedings under this Act and appeals).

S. 28A inserted by No. 7/2002 s. 8.