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Program Probation Orders

The content on this page was last reviewed on 30 April 2012.

1. Overview

Where a court is sentencing a federal offender who is suffering from intellectual disability the court may:

  • make a Program Probation Order under s 20BY.

‘Intellectual disability’ is not defined in the Crimes Act 1914 (Cth).

2. Where a program probation order may be made

The court may, without passing sentence, make a Program Probation Order where:

  • a person is convicted in a State or Territory of a federal offence: s 20BY(1);

and the court is satisfied that:

  • the person is suffering from an intellectual disability: s 20BY(1)(a); and
  • the disability contributed to the commission of the offence by the person: s 20BY(1)(b); and
  • an appropriate education program or treatment is available for the person in that State or Territory: s 20BY(1)(c).

A Program Probation Order must not be made unless the person, or their legal guardian, consents to the proposed program: s 20BY(2).

A Program Probation Order is made without passing sentence. No other sentence may be imposed in relation to the same offence. 1

3. What a program probation order must specify

The order must specify:

  • the period during which the order applies: s 20BY(1); and
  • the program or treatment to be undertaken: s 20BY(1).

4. Conditions of a program probation order

A Program Probation Order is subject to the same conditions imposed on a Psychiatric Probation Order: s 20BY(2).

See federal commentary concerning ss 20BV(3)-(4): Psychiatric Probation Orders.

5. Breach and enforcement of a program probation order

A Program Probation Order is subject to the same breach provisions as a Psychiatric Probation Order: s 20BY(2). See federal commentary concerning s 20BW: Psychiatric Probation Orders.

A Program Probation Order is subject to the same enforcement provisions as a Psychiatric Probation Order: s 20BY(2). See federal commentary concerning s 20BX: Psychiatric Probation Orders.

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Notes:

  1.  R Fox and A Freiberg, Sentencing: State and Federal Law in Victoria (2nd ed, 1999), [10.219].