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DRUG COURT ACT 1998 - SECT 7A
Persons accepted into program in relation to offence
7A Persons accepted into program in relation to offence
(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 Crimes (Sentencing Procedure) Act 1999 do not apply to
the conviction and sentencing of a person under this section.
(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" ).
(6) An order referred to in subsection (5) (a) or (b)
may be made in the absence of the person in respect of whom it is made.
(7)
The kinds of conditions that the Drug Court may impose on the person under
this section are as follows-- (a) conditions relating to conduct and good
behaviour,
(b) conditions relating to attendance for counselling or other
treatment,
(c) conditions relating to the supervision of the person for the
duration of a program under this Act,
(d) conditions relating to drug testing
that the person must undergo,
(e) conditions relating to residence,
association with other persons or attendance at specified locations,
(f)
conditions relating to involvement in activities, courses, training or
employment for the purpose of promoting the re-integration of the person into
the community,
(g) conditions relating to conferring rewards of the kind
referred to in section 16 (1),
(h) conditions relating to the imposition of
sanctions of the kind referred to in section 16 (2),
(i) any other kinds of
conditions that may be prescribed by the regulations,
(j) such other
conditions as the Drug Court considers appropriate in the circumstances.
(8)
A person who is convicted and sentenced by the Drug Court under this section
may, at the same time or any later time-- (a) be convicted and sentenced for
any other offence to which he or she has pleaded guilty (other than an offence
referred to in section 5 (2)), whether or not the person has been referred to
the Drug Court under section 6 in relation to that other offence, or
(b) be
dealt with in proceedings under-- (i) section 107C of the Crimes
(Administration of Sentences) Act 1999 on the revocation of a community
correction order, or
(ii) section 108C of that Act on the revocation of a
conditional release order, or
(iii) section 98 or 99 of the
Crimes (Sentencing Procedure) Act 1999 (as previously in force but continuing
to apply under clause 76 (3) of Schedule 2 to that Act) on the revocation of a
good behaviour bond imposed under section 12 of that Act (as previously in
force), whether or not the person has been referred to the Drug Court under
section 7 in relation to the failure to comply with the conditions of the good
behaviour bond, or
(c) be dealt with under both paragraphs (a) and (b).
(9)
Subsections (5) and (6) apply to a sentence under subsection (8) in the same
way as they apply to a sentence under subsection (2).
(10) Nothing in this
Act entitles a person to be convicted and sentenced under this section, and no
appeal lies against any decision by the Drug Court not to convict or sentence
a person under this section.
(11) A suspension order does not operate to
suspend any period of disqualification from holding a driver licence imposed
by or under the road transport legislation within the meaning of the
Road Transport Act 2013 .
(12) For the purposes of subsection (2) (g)-- (a)
the consent of children below a prescribed age, and
(b) the consent of
persons suffering a prescribed disability,
may be given on their behalf by
such other persons as the regulations may determine or may, if the regulations
so provide, be dispensed with.
(13) In this section, a reference to the
convicting and sentencing of a person is, in the case of a person who is
referred to the Drug Court after having been convicted, a reference to the
sentencing of the person only.
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