Text as at 15 April 2026
This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

44 Imprisonment and a community correction order

(1)Subject to any specific provision relating to the offence, when sentencing an offender in respect of one, or more than one, offence (other than an offence to which clause 5 of Schedule 1 applies), a court may make a community correction order in addition to imposing a sentence of imprisonment only if the sum of all the terms of imprisonment to be served (after deduction of any period of custody that under section 18 is reckoned to be a period of imprisonment or detention already served) is one year or less.
S. 44(1) amended by No. 32/2013 s. 13(1), substituted by No. 69/2014 s. 18(1), amended by No. 65/2016 s. 12(1).
(1A)Subject to any specific provision relating to the offence, when sentencing an offender in respect of one, or more than one, offence to which clause 5 of Schedule 1 applies, a court may make a community correction order in addition to imposing any sentence of imprisonment.
S. 44(1A) inserted by No. 69/2014 s. 18(1), amended by No. 65/2016 s. 12(2).
(1B)In sentencing an offender in accordance with subsection (1) or (1A) in respect of 2 or more offences, the Magistrates' Court must not impose a sentence that exceeds in the whole 5 years.
S. 44(1B) inserted by No. 79/2014 s. 57, substituted by No. 65/2016 s. 12(3).
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(3)If a court makes a community correction order in respect of an offender in addition to imposing a sentence of imprisonment in accordance with this section, the community correction order commences on the release of the offender from imprisonment.
S. 44(3) amended by Nos 69/2014 s. 18(2), 65/2016 s. 12(4).
(4)A reference in this section to a sentence of imprisonment does not include a sentence that has been suspended.
S. 44(4) inserted by No. 69/2014 s. 18(3).