Last Updated: 30 April 2012

List of subheadings:

Program Probation Orders: s 20BY
-Where a Program Probation Order may be Made
-What a Program Probation Order Must Specify
-Conditions of a Program Probation Order
-Breach and Enforcement of a Program Probation Order

Commentary on Program Probation Orders: s 20BY

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).

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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).

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

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

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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).

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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.

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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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Footnotes

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