Victorian Current Acts Victorian Current ActsS. 18ZR(1) amended by Nos 68/2009 s. 97(Sch. item 110.28), 43/2020 s. 30(2)(11).
(1) On the hearing of an appeal under section 254 or 257 of the Criminal Procedure Act 2009 against a sentence imposed by the Magistrates' Court (including the Drug Court Division of the Magistrates' Court), the County Court cannot itself make a drug and alcohol treatment order, despite anything to the contrary in section 256(2) or 259(2) (as the case requires) of that Act.
S. 18ZR(2) amended by Nos 68/2009 s. 97(Sch. item 110.29), 43/2020 s. 30(3).
(2) Part 6.1 of Chapter 6 of the Criminal Procedure Act 2009 applies with respect to appeals to the County Court against any sentence imposed by the Drug Court Division of the Magistrates' Court with the following modifications—
(a) an appeal does not lie against—
S. 18ZR (2)(a)(i) amended by No. 43/2020 s. 30(11).
(i) a refusal of the Drug Court to make a drug and alcohol treatment order; or
S. 18ZR (2)(a)(ii) amended by No. 43/2020 s. 30(11).
(ii) a finding that an offender has failed to comply with a condition attached to a drug and alcohol treatment order; or
S. 18ZR (2)(a)(iii) amended by No. 43/2020 s. 30(11).
(iii) the variation of the treatment and supervision part of a drug and alcohol treatment order; or
S. 18ZR (2)(a)(iv) amended by No. 43/2020 s. 30(11).
(iv) the cancellation of the treatment and supervision part, or the custodial part, of a drug and alcohol treatment order;
S. 18ZR(2)(b) amended by No. 43/2020 s. 30(11).
(b) if the appeal is against the custodial part of the drug and alcohol treatment order and not against the treatment and supervision part of the order, the appeal does not operate as a stay of the drug and alcohol treatment order, unless the County Court so orders.
S. 18ZR(3) amended by Nos 68/2009 s. 97(Sch. item 110.30), 43/2020 s. 30(4)(11).
(3) For the purposes of Part 6.1 of Chapter 6 of the Criminal Procedure Act 2009 an order under this Subdivision activating some or all of the custodial part of a drug and alcohol treatment order is taken to be a sentence imposed by the Drug Court Division of the Magistrates' Court.
S. 18ZR(4) amended by Nos 68/2009 s. 97(Sch. item 110.31 (a)), 43/2020 s. 30(5)(11).
(4) Despite subsection (1), on the hearing of an appeal under section 254 or 257 of the Criminal Procedure Act 2009 against a drug and alcohol treatment order made by the Drug Court Division of the Magistrates' Court, the County Court may—
S. 18ZR(4)(a) amended by Nos 68/2009 s. 97(Sch. item 110.31 (b)), 43/2020 s. 30(11).
(a) re-instate the drug and alcohol treatment order set aside by it under section 256(2)(a) or section 259(2)(a) of that Act (as the case requires); or
S. 18ZR(4)(b) amended by Nos 68/2009 s. 97(Sch. item 110.31 (b)), 43/2020 s. 30(11).
(b) if the appeal is against the custodial part of the drug and alcohol treatment order, re-instate that part set aside by it under section 256(2)(a) or section 259(2)(a) of that Act (as the case requires) or vary the drug and alcohol treatment order by increasing or reducing the length of the sentence of imprisonment.
S. 18ZR(5) amended by Nos 68/2009 s. 97(Sch. item 110.32), 43/2020 s. 30(6)(11).
(5) On the hearing of an appeal under section 254 or 257 of the Criminal Procedure Act 2009 against a sentence imposed by the Magistrates' Court (other than the Drug Court Division of the Magistrates' Court) at a particular venue of that Court, if the County Court considers that the making of a drug and alcohol treatment order may be appropriate, it may refer the matter to the at Drug Court Division of the Magistrates' Court that or another venue for consideration of the making of such an order, with or without any direction in law.
S. 18ZR(6) amended by No. 43/2020 s. 30(7).
(6) However, if the offender has a usual place of residence, the County Court may only refer a matter under subsection (5) to the Drug Court Division of the Magistrates' Court at a venue if the offender's usual place of residence is within a postcode area specified, in relation to that venue, by the Minister by notice published in the Government Gazette.
(7) Despite anything to the contrary in the Magistrates' Court Act 1989 , a venue of the Magistrates' Court to which a matter is referred under subsection (5) is the proper venue of that Court in relation to that matter for the purposes of that Act.
S. 18ZR(8) amended by Nos 68/2009 s. 97(Sch. item 110.33), 43/2020 s. 30(8)(11).
(8) If a matter is referred to the Drug Court Division of the Magistrates' Court under subsection (5) but the Drug Court Division of the Magistrates' Court determines not to make a drug and alcohol treatment order, the Drug Court Division of the Magistrates' Court must remit the matter to the County Court for the making of any order under section 256(2)(a) or section 259(2)(a) of the Criminal Procedure Act 2009 (as the case requires) which the County Court can make.
S. 18ZR(9) amended by Nos 68/2009 s. 97(Sch. item 110.34), 45/2020 s. 30(9)(11).
(9) If a matter is referred to the Drug Court Division of the Magistrates' Court under subsection (5) and the Drug Court Division of the Magistrates' Court makes a drug and alcohol treatment order, the order has effect for the purposes of Part 6.1 of Chapter 6 of the Criminal Procedure Act 2009 as if it were a sentence imposed by the County Court on the hearing of the appeal but for all other purposes has effect as an order of the Drug Court Division of the Magistrates' Court.
S. 18ZR(10) inserted by No. 3/2016 s. 57, amended by Nos 43/2020 s. 30(10), 1/2022 s. 81.
(10) In this section, a reference to the County Court is to be construed as a reference to the Court of Appeal if the appeal is from the Magistrates' Court or the Drug Court Division of the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder.
S. 18ZS inserted by No. 2/2002 s. 5.