The Law Handbook 2024

Chapter 1.3: Sentencing in the Magistrates’ Court 35 There are two forms of contravention: 1 offending during the period of sentence; or 2 generally not complying with the condition(s) of the sentence. If the defendant is before the court (usually for further offences that breach the original CCO or adjournment with undertaking) then the court can resentence on the original offences that have been breached or transfer the matter to the court that imposed the original sentence (s 83AJ). A contravention summons or warrant to arrest may be issued to bring the defendant before the court for breach of the sentence (s 83AI). Contravention proceedings can be issued (for contravention offences) within six months of the offence, otherwise for general non-compliance not involving offending, within 12 months (s 83AH). Deferral of sentences Following a finding of guilt, a magistrate may make an order for a deferral of sentence for up to 12 months if the court is satisfied that it is in the defendant’s interest and the defendant agrees (s 83A). The purpose of the deferral is for the defendant to demonstrate their rehabilitation; the deferral allows the defendant to participate in certain programs. However, the courts have broad discretion in making this order (s 83A(1A)(e)). Cancelling or suspending driver licences and permits Section 89A, provides magistrates with additional powers to suspend or cancel drivers’ licences or permits for any offence. This is a general power and does not apply to offences under the Road Safety Act 1986 (Vic) or to serious motor offences (e.g. car theft under s 89(3)– (4) of the Sentencing Act), which have their own penalty provisions (s 89A(4)). Alcohol exclusion orders If a person is charged with a relevant offence, the police may make an application for an alcohol exclusion order ( AEO ) (s 89DD). The magistrate must grant this order if the defendant is convicted of certain violent offences, and the magistrate is satisfied that the defendant was intoxicated when they committed the offence(s), and the intoxication significantly contributed to the violent offence(s) (s 89DE(1)). An AEO can prohibit defendants from attending certain specified licensed premises and some major events – this is similar to the conditions that can be imposed on a community corrections order (see ‘Community corrections orders’, above). An AEO can be in force for two years but can only be made against a defendant who has not previously had an AEO. Breach of an AEO is an offence punish­ able by imprisonment for up to two years (s 89DF). The normal practice before an AEO is made is for the police to make application prior to the court hearing, although an AEO can still be made by the magistrate even without a police application (s 89DD(4)). In certain circumstances, a defendant can seek an exemption to the conditions of an AEO (s 89DE(5)) or apply for a variation of an AEO (s 89DG). Sex offender registration Defendants convicted of certain sex offences may be registered as sex offenders ( Sex Offenders Registration Act 2004 (Vic)) (see Chapter 3.3: Sexual offences). For information about prohibition orders for sex offenders, see Chapter 3.3: Sexual offences. Other orders Restitution orders The court may order a defendant (who possesses stolen goods for which they have been found guilty) to deliver or restore the goods to the owner, or to pay to the owner money in the defendant’s possession when arrested (s 84). These orders can be enforced in the same manner as a judgment debt (s 85). Compensation orders There are two types of compensation orders. 1 Compensation for pain and suffering Magistrates can order compensation for victims who have suffered injury as a result of offences. The compensation can be for pain and suffering, and/or for actual costs incurred (e.g. medical bills) (s 85B). These applications must be made by the victim, or on