New South Wales Consolidated Acts

DRUG COURT ACT 1998 - SECT 7C

7C Persons allowed to continue in program in relation to failure to comply with conditions of community correction order, conditional release order or good behaviour bond

(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 Crimes (Administration of Sentences) Act 1999 in relation to a community correction order, or

(ii) section 108C of that Act in relation to a conditional release order, or

(iii) section 98 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) in relation to a good behaviour bond under section 12 (as previously in force),

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 .

(4) The provisions of--

(a) section 107D of the Crimes (Administration of Sentences) Act 1999 do not apply to a community correction order that is revoked under subsection (3) of this section, and

(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 Crimes (Sentencing Procedure) Act 1999 (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.

(5) Sections 44- 48 of the Crimes (Sentencing Procedure) Act 1999 do not apply to the conviction and sentencing of a person under this section.

(6) For the purposes of this Act, the sentence of imprisonment in relation to which a good behaviour bond referred to in section 12 of the Crimes (Sentencing Procedure) Act 1999 was entered into under that Act is taken to be the sentence imposed under subsection (3) in relation to the bond.

(7) 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" ).

(8) 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.