List of Subheadings
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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).
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
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).
A Program Probation Order is subject to the same conditions imposed on a Psychiatric Probation Order: s 20BY(2).
- R Fox and A Freiberg, Sentencing: State and Federal Law in Victoria (2nd ed, 1999), [10.219]. ↩