New South Wales Consolidated Acts

DRUG COURT ACT 1998 - SECT 12

12 Imposition of final sentence

(1) On terminating a drug offender's program, the Drug Court must reconsider the drug offender's initial sentence.

(2) In reconsidering a drug offender's initial sentence, the Drug Court must take into consideration--

(a) the nature of the drug offender's participation in his or her program, and

(b) any sanctions that have been imposed on the drug offender during the program, and

(c) any time for which the drug offender has been held in custody in connection with an offence to which his or her program relates, including time during which the person has undergone imprisonment--

(i) under the sentence, or

(ii) under the condition of the program arising under section 8A.

(3) After considering a drug offender's initial sentence, the Drug Court is to determine the drug offender's final sentence--

(a) by making an order setting aside the initial sentence and taking such action under Part 2 of the Crimes (Sentencing Procedure) Act 1999 as it could have taken for the offence to which the initial sentence related, or

(b) by making an order confirming the initial sentence.

(4) The final sentence determined for a drug offender in relation to an offence is not to be greater than the initial sentence imposed on the drug offender in relation to that offence.

(5) For the purpose of making an order under subsection (3) in relation to an initial sentence imposed before the commencement of this subsection, subsections (3) and (4) have effect as if the amendments made to the Crimes (Sentencing Procedure) Act 1999 by the Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 were in force when the initial sentence was imposed.