Victorian Numbered Regulations

SENTENCING AMENDMENT REGULATIONS 2011 (SR NO 2 OF 2011) - REG 9

r. 9

For Part 5 of the Principal Regulations substitute —

" PART 5—CONTRAVENTION OF HOME DETENTION ORDER OR BREACH OF SUSPENDED SENTENCE

        31     Definitions

In this Part—

"applicant" means a person who makes an application under section 26ZB(1)(a) or section 31(1)(a) of the Act;

"application "means an application made under section 26ZB(1)(a) or section 31(1)(a) of the Act;

"sentencing court" means the court to which an application made under—

        (a)     section 26ZB(1)(a) is transferred under section 26ZB(1)(d) of the Act; or

        (b)     section 31(1)(a) of the Act is transferred under section 31(1)(d) of the Act.

        32     Form of Application—home detention

For the purposes of section 26ZB(1)(a) of the Act the prescribed form of application is Form 12A in the Schedule.

        33     Form of Application—suspended sentence

For the purposes of section 31(1)(a) of the Act the prescribed form of application is Form 13 in the Schedule.

        34     Transfer of proceedings

If a proceeding is transferred under section 26ZB(1)(d) or section 31(1)(d) of the Act, a registrar of the court in which the application was made must send the following documents to the sentencing court—

        (a)     the application; and

        (b)     a record of the offence that contravenes the home detention order or record of the offence that breaches the suspended sentence (as the case requires).

        35     Registrar to set date

r. 9

A registrar of the sentencing court must set a date for the hearing of the application being—

        (a)     a date not less than 28 days from the date that the application was made; or

        (b)     with the consent of the offender, a date earlier than 28 days from the date that the application was made.

        36     Registrar's duties

    (1)     A registrar of the sentencing court must ensure that the following documents are served on the offender—

        (a)     a copy of the application;

        (b)     a copy of the record of the offence that contravenes the home detention order or breaches the suspended sentence to which the application referred to in paragraph (a) relates.

    (2)     The documents referred to in subregulation (1) must be served on the offender—

        (a)     by personal service in accordance with section 391 of the Criminal Procedure Act 2009 ; or

        (b)     if the court is satisfied that service as provided in paragraph (a) cannot reasonably be effected, in any other manner directed by the court.

    (3)     A registrar of the sentencing court must ensure that the applicant and the offender's legal practitioner (if any)—

        (a)     are notified of the date that has been set for the hearing of the application; and

        (b)     are sent the documents referred to in subregulation (1).

    (4)     If a legal practitioner has filed an appearance on behalf of the offender, or has given notice in writing to a registrar of the sentencing court that he or she is representing the offender, a registrar of the sentencing court may give notice as required by subregulation (3) to that legal practitioner by—

        (a)     leaving the documents at the business address of that legal practitioner with a person who apparently works there and who apparently is not less than 16 years of age; or

        (b)     sending the documents by post to that legal practitioner at the legal practitioner's business address.

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