Victorian Current Acts Victorian Current ActsS. 18Z(1) amended by No. 43/2020 s. 12(2)(a).
(1) The Drug Court may make a drug and alcohol treatment order if—
S. 18Z(1)(a) amended by No. 43/2020 s. 12(2)(b).
(a) an offender pleads guilty to an offence that is within the jurisdiction of the Magistrates' Court or the County Court (as the case requires) and punishable on conviction by imprisonment, other than—
(i) a sexual offence as defined in section 6B(1); or
(ii) subject to subsection (5), an offence involving the infliction of actual bodily harm; and
(b) the Drug Court convicts the offender of the offence; and
(c) the Drug Court is satisfied on the balance of probabilities that—
(i) the offender is dependent on drugs or alcohol; and
(ii) the offender's dependency contributed to the commission of the offence; and
S. 18Z(1)(d) amended by No. 65/2011 s. 13(1), substituted by No. 43/2020 s. 12(2)(c).
(d) the Drug Court considers that, otherwise, it would be appropriate to impose—
(i) if the proceeding is in the Magistrates' Court, a sentence of imprisonment; or
(ii) if the proceeding is in the County Court, a sentence of imprisonment of no more than 4 years; and
S. 18Z(1)(da) inserted by No. 43/2020 s. 12(2)(c).
(da) the Drug Court considers that, had it been appropriate to impose a sentence described in paragraph (d), the Drug Court would not have suspended that sentence in whole or in part; and
S. 18Z(1)(e) amended by No. 43/2020 s. 12(2)(a).
(e) the Drug Court has received a drug and alcohol treatment order assessment report on the offender under section 18ZQ.
S. 18Z(2) amended by No. 43/2020 s. 12(3).
(2) The Drug Court Division of the Magistrates' Court must not make a drug and alcohol treatment order in respect of an offender who is subject to—
(a) a parole order; or
S. 18Z(2)(b) repealed by No. 65/2011 s. 13(2).
* * * * *
S. 18Z(2)(c) amended by No. 68/2009 s. 97(Sch. item 110.19).
(c) a sentence of the County Court or Supreme Court.
S. 18Z(2A) inserted by No. 43/2020 s. 12(4).
(2A) The Drug Court Division of the County Court must not make a drug and alcohol treatment order in respect of an offender who is subject to—
(a) a parole order; or
(b) a sentence of the Supreme Court.
S. 18Z(2B) inserted by No. 43/2020 s. 12(4).
(2B) The Drug Court Division of the County Court must not make a drug and alcohol treatment order in respect of an offender who is convicted of an offence to which section 10, 10AA, 10AB, 10AC, 10AD or 10AE applies.
S. 18Z(3) amended by No. 43/2020 s. 12(5).
(3) The Drug Court must not make a drug and alcohol treatment order unless—
(a) it is satisfied in all the circumstances that it is appropriate to do so; and
(b) the offender agrees in writing to the making of the order and to comply with the treatment and supervision part of the order.
Note
Section 18ZC sets out what the treatment and supervision part of the order is.
S. 18Z(4) amended by No. 43/2020 s. 12(5).
(4) The Drug Court may make a drug and alcohol treatment order in respect of an offender regardless of whether—
(a) the offender's drug or alcohol dependency contributed on one or more previous occasions to the offender—
(i) committing an offence of which the offender was convicted or found guilty; or
S. 18Z(4)(a)(ii) amended by No. 68/2009 s. 97(Sch. item 110.19).
(ii) failing to comply with the conditions of bail or of a sentence; or
(b) the offender has been previously sentenced to one or more terms of imprisonment.
S. 18Z(5) amended by No. 43/2020 s. 12(6).
(5) Despite subsection (1)(a)(ii), the Division of the Magistrates' Court may make a drug and alcohol treatment order in respect of an offender where the offence involved the infliction of actual bodily harm if it is satisfied that the harm was of a minor nature.
S. 18ZA inserted by No. 2/2002 s. 5.