(1) The objects of this Act are—
(a) to reduce the drug dependency of eligible persons and eligible convicted offenders, and (b) to promote the re-integration of such drug dependent persons into the community, and (c) to reduce the need for such drug dependent persons to resort to criminal activity to support their drug dependencies.
(1) A person is an eligible convicted offender if—
(a) the person is convicted of an offence, other than an offence referred to in subsection (2), and (b) except as provided for by subsection (1A), the person has been sentenced to a term of imprisonment for the offence to be served by way of full-time detention and at the time that the sentence was imposed—
(i) the unexpired non-parole period of the sentence was a period of at least 18 months, and (ii) the unexpired total sentence was a period of not more than 6 years, and (c) (d) the person has a long-term dependency on the use of prohibited drugs (within the meaning of the ) or other drugs prescribed by the regulations, and Drug Misuse and Trafficking Act 1985 (e) the facts in connection with the offence for which the person has been sentenced, together with the person’s antecedents and any other information available, indicate that the offence was related to the person’s long-term drug dependency and associated lifestyle, and (f) the person satisfies such other criteria as are prescribed by the regulations.
(1) This section applies—
(a) in relation to a person who is, at the time of his or her appearance in court, participating in a program into which he or she has been accepted as a result of previous proceedings under this Act—to any court before which such a person appears, or (b) in relation to any other person—to such courts and proceedings as are prescribed by the regulations.
(1) This section applies to a person who has been referred to the Drug Court under section 6. (2) The Drug Court may deal with a person under this section in relation to an offence if, and only if, it is satisfied as to each of the following matters—
(a) that the person is an eligible person, (b) that the person has pleaded guilty to the offence (whether before the referring court or the Drug Court) and has been found guilty of the offence, (c) that, having regard to the person’s antecedents, it would be appropriate for the person to participate in a program under this Act, (d) that facilities to supervise and control the person’s participation in such a program are available, and have been allocated to the person, in accordance with the guidelines prescribed by the regulations, (e) that the person accepts the conditions imposed by this Act and the conditions that the Drug Court proposes to impose on the person (whether immediately or at some later date) as a consequence of his or her conviction and sentence under this section, (f) that the person has been informed of the Drug Court’s powers under Division 2 and of the respective consequences, as regards the sentence to be imposed under section 12, of the person’s compliance or non-compliance with a program, (g) that any person (an affected person ) with whom it is likely the person would reside during the period of the person’s participation in a program under this Act has consented in writing to the person residing with the affected person during that period.(3) Subject to subsection (4), the Drug Court deals with a person under this section in relation to an offence by convicting the person and sentencing the person in accordance with the . Crimes (Sentencing Procedure) Act 1999 (4) Sections 44–48 of the do not apply to the conviction and sentencing of a person under this section. Crimes (Sentencing Procedure) Act 1999 (5) On or within 14 days after sentencing the person, the Drug Court—
(a) must make an order imposing on the person the conditions that the person has accepted as referred to in subsection (2) (e) (the person’s program ), and(b) must make an order suspending execution of the sentence for the duration of the person’s program (the person’s suspension order ).
(1) This section applies to a person—
(a) who has been referred to the Drug Court under section 7, or (b) who has been called on by the Drug Court to appear before it under—
(i) section 107C of the in relation to a community correction order, or Crimes (Administration of Sentences) Act 1999 (ii) section 108C of that Act in relation to a conditional release order, or (iii) section 98 of the (as previously in force but continuing to apply under clause 76 (3) of Schedule 2 to that Act) in relation to a good behaviour bond under section 12 (as previously in force), Crimes (Sentencing Procedure) Act 1999 not being a person who is currently participating in a program into which the person has been accepted as a result of previous proceedings under this Act. (2) The Drug Court may deal with a person under this section in relation to an alleged failure to comply with the conditions of the relevant community correction order, conditional release order or good behaviour bond if, and only if, it is satisfied as to each of the following matters—
(a) that the person is an eligible person, (b) that the person admits to having failed, and has in fact failed, to comply with the conditions of the order or bond, (c) that, having regard to the person’s antecedents, it would be appropriate for the person to participate in a program under this Act, (d) that facilities to supervise and control the person’s participation in such a program are available, and have been allocated to the person, in accordance with the guidelines prescribed by the regulations, (e) that the person accepts the conditions imposed by this Act and the conditions that the Drug Court proposes to impose on the person (whether immediately or at some later date) as a consequence of his or her being dealt with under this section, (f) that the person has been informed of the Drug Court’s powers under Division 2 and of the respective consequences, as regards the sentence to be imposed under section 12, of the person’s compliance or non-compliance with a program, (g) that any person (an affected person ) with whom it is likely the person would reside during the period of the person’s participation in a program under this Act has consented in writing to the person residing with the affected person during that period.(3) Subject to subsections (4) and (5), the Drug Court deals with a person under this section in relation to a failure to comply with the conditions of a community correction order, conditional release order or good behaviour bond by revoking the order or bond, and convicting and sentencing the person, in accordance with the . Crimes (Sentencing Procedure) Act 1999 (4) The provisions of—
(a) section 107D of the do not apply to a community correction order that is revoked under subsection (3) of this section, and Crimes (Administration of Sentences) Act 1999 (b) section 108D of that Act do not apply to a conditional release order that is revoked under that subsection, and (c) section 99 of the (as previously in force but continuing to apply under clause 76 (3) of Schedule 2 to that Act) do not apply to a good behaviour bond that is revoked under that subsection. Crimes (Sentencing Procedure) Act 1999 (5) Sections 44–48 of the do not apply to the conviction and sentencing of a person under this section. Crimes (Sentencing Procedure) Act 1999
(1) This section applies to a person—
(a) who has been referred to the Drug Court under section 7, or (b) who has been called on by the Drug Court to appear before it under—
(i) section 107C of the in relation to a community correction order, or Crimes (Administration of Sentences) Act 1999 (ii) section 108C of that Act in relation to a conditional release order, or (iii) section 98 of the (as previously in force but continuing to apply under clause 76 (3) of Schedule 2 to that Act) in relation to a good behaviour bond under section 12 (as previously in force), Crimes (Sentencing Procedure) Act 1999 being a person who is currently participating in a program into which the person has been accepted as a result of previous proceedings under this Act. (2) The Drug Court may deal with a person under this section in relation to an alleged failure to comply with the conditions of the relevant good behaviour bond if, and only if, it is satisfied as to each of the following matters—
(a) that the person is an eligible person, (b) that the person admits to having failed, and has in fact failed, to comply with the conditions of the bond, (c) that, having regard to the person’s antecedents, it would be appropriate for the person to continue to participate in a program under this Act, (d) that the person consents to being dealt with under this section, (e) that the person accepts the conditions imposed by this Act and the conditions that the Drug Court proposes to impose on the person (whether immediately or at some later date) as a consequence of his or her conviction and sentence under this section. (3) Subject to subsections (4) and (5), the Drug Court deals with a person under this section in relation to a failure to comply with the conditions of a community correction order, conditional release order or good behaviour bond by revoking the order or bond, and convicting and sentencing the person, in accordance with the . Crimes (Sentencing Procedure) Act 1999
(1) This section applies to a person who has been referred to the Drug Court under section 6 but whom the Drug Court has not dealt with under section 7A. (2) The Drug Court may deal with a person under this section in relation to an offence if, and only if, it is satisfied as to each of the following matters—
(a) that the person has pleaded guilty to the offence (whether before the referring court or the Drug Court) and has been found guilty of the offence, (b) that the person consents to being dealt with under this section. (3) The Drug Court deals with a person under this section in relation to an offence by convicting the person and sentencing the person in accordance with the . Crimes (Sentencing Procedure) Act 1999
(1) It is a condition of a drug offender’s program that the Drug Court may, with the consent of the drug offender, commit the drug offender to a correctional centre for up to 21 days at a time if, in the opinion of the Drug Court, such action is necessary to facilitate—
(a) detoxification of the drug offender, or (b) assessment of the drug offender’s participation in the program, or (c) the development of a suitable treatment plan.
(1) On terminating a drug offender’s program, the Drug Court must reconsider the drug offender’s initial sentence.
(1) If a drug offender’s program is terminated, the Drug Court may, on application by the drug offender, exercise the same functions as the Local Court under Division 3A of Part 7.4 of Chapter 7 of the in relation to any licence disqualifications to which the drug offender is then subject. Road Transport Act 2013
(1) If it suspects that a drug offender may have failed to comply with his or her program, the Drug Court may issue a warrant for the drug offender’s arrest.
(1) The sentences that may be imposed by the Drug Court under this Part are as follows—
(a) in the case of an indictable offence (including an indictable offence for which an election to have the offence dealt with on indictment has been duly made under Chapter 5 of the ), any penalty that could have been imposed by the District Court had the offence been dealt with on indictment by the District Court, Criminal Procedure Act 1986 (b) in the case of a summary offence (including an indictable offence for which an election to have the offence dealt with on indictment has not been duly made under Chapter 5 of the ), any penalty that could have been imposed by the Local Court had the offence been dealt with summarily by the Local Court. Criminal Procedure Act 1986
(1) This section applies to such courts as are prescribed by the regulations. (2) It is the duty of a court to which this section applies that sentences a person to imprisonment or which, on determining an appeal, confirms a sentence of imprisonment imposed on the person by some other court (whether or not on the same terms as the other court)—
(a) to ascertain whether there are grounds on which the Drug Court might find the person to be an eligible convicted offender, and (b) if so, to refer the person to the Drug Court to determine whether the person should be the subject of a compulsory drug treatment order. (2A) The duty imposed on a court by this section does not apply to a court on determining an appeal (an appeal court ) if the person whose sentence is confirmed in the appeal is already the subject of a compulsory drug treatment order as a consequence of a referral made to the Drug Court by the court that imposed the sentence confirmed by the appeal court.
(1) This section applies in respect of a person (a relevant person ) whose parole has been revoked in respect of a sentence that has previously been the subject of a compulsory drug treatment order which has expired under section 106E (b) of the. Crimes (Administration of Sentences) Act 1999
(1) The Drug Court must not make a compulsory drug treatment order with respect to an offender’s sentence of imprisonment unless—
(a) the Drug Court has referred the offender to the multi-disciplinary team for assessment as to the eligibility and suitability of the offender for compulsory drug treatment detention and has had regard to the contents of the assessment report made by the team under section 18E, and (b) the Drug Court is satisfied—
(i) that the offender is of or above the age of 18 years, and (ii) that the offender is an eligible convicted offender, and (iii) that the offender is a suitable person to serve the sentence by way of compulsory drug treatment detention, and (iv) that it is appropriate in all of the circumstances that the sentence be served by way of compulsory drug treatment detention, and (v) that there is accommodation available (or is likely to be available within 14 days) at the Compulsory Drug Treatment Correctional Centre for the offender to serve the sentence by way of compulsory drug treatment detention, and (vi) that the offender’s participation in the program will not damage the program or any other person’s participation in it.
(1) This section applies to proceedings before the Drug Court in the exercise of its jurisdiction under this Act or the , but does not apply to proceedings before the Drug Court in the exercise of the criminal jurisdiction of the District Court or the criminal jurisdiction of the Local Court. Crimes (Administration of Sentences) Act 1999
(1) This section applies to such persons as are prescribed by the regulations for the purposes of this section, being persons who are involved in the administration of, or who provide services in connection with, a drug offender’s program. (2) It is the duty of a person to whom this section applies—
(a) to promptly notify the registrar of any failure by a drug offender to comply with the drug offender’s program, and (b) to promptly comply with the requirements of the regulations with respect to the giving of information to the registrar.
(Section 34)