Part 3A — Sentences — Community Correction Orders; Division 3 - Making a community correction order Flashcards
45 Terms of a community correction order
(1) The following terms are attached to each CCO (ie, mandatory)
● (a) Must not commit offence punishable by imprisonment in Victoria or elsewhere
● (ab) Must comply with any obligation or requirement prescribed by regulations
● (b) Report to and receive visits from the Secretary during the period of the order
● (c) Report to the community corrections centre specified in the order within 2 clear working days after the order comes into force
● (d) Notify Sec. of change of address/employment within 2 clear days after change
● (e) Not leave Victoria except with the (general/specific) permission of the Secretary
● (f) Comply with any direction given by the Secretary that is necessary for the Secretary to give to ensure that the offender complies with the order
● (2) Direction by Secretary under (1)(f) can be given either orally or in writing
46 Power of Secretary to give written directions
● There’s attached to each CCO the term that the offender must comply with any written direction given by the Secretary for or with respect to the following —
○ (a) Reporting to the secretary
○ (b) Receiving visits from the secretary
○ (c) Notifying the secretary in writing of any change of address or employment
○ (d) Obtaining permission from the Secretary before leaving Victoria
○ (e) If order subject to unpaid community work condition, performing any unpaid community work, including direction as to the place, date or time
○ If order is subject to a treatment and rehab condition:
■ (f) participating in a treatment or rehab program including any written directions as to date, place of time of participation
■ (g) Undergoing any drug or alcohol assessment or treatment including any written direction as to —
(i) Undergoing residential treatment or assessment; or
(ii) place/date/time that assessment/treatment must be undergone
■ (h) Undergo any drug or alcohol testing, including any written direction as to the place, date or time that the test must be undergone
■ (i) Undergoing any medical assessment or mental health assessment including any written direction as to time place or date that “””
47 Court may (actually must) attach conditions
(1) Court that is making a CCO must attach at least one condition in accordance with (2).
(2) (a) Div 4 (just below) or (b) Pt 3BA Div 2 (Intellect. disbld offndrs - justice plan condition)
48 Residual condition
(1) A court that is making a community correction order may attach in addition to a condition attached in accordance with section 47 any other condition to order that the court thinks fit, other than condition about making restitution or payment of compensation/costs/ damages.
(2) Such condition mustn’t be about subject matter of condition under Div 4/ Div 2 of Pt 3BA.
48A matters to be considered when attaching conditions
The court must attach conditions to a CCO in accordance with
● (a) Proportionality principle
● (b) Purposes for which a sentence may be imposed under section 5
● (c) Purpose of a CCO set out in section 36
