Australian Capital Territory Current Acts

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CRIMES (SENTENCING) ACT 2005 - SECT 40B

Pre-sentence report matters—court alcohol and drug assessment service

    (1)     This section applies if the offender is addicted to, or misuses, alcohol or a controlled drug.

    (2)     Before sentencing the offender, a court may order that the offender

        (a)     be assessed by the court alcohol and drug assessment service ( CADAS ); and

        (b)     comply with any treatment, referral to treatment or monitoring by CADAS as a result of the assessment.

    (3)     A court must not make an order under subsection (2) without the offender's consent.

    (4)     In making an order under subsection (2), the court may also order that the offender comply with any reasonable direction given by the director-general of the administrative unit responsible for the administration of the Corrections Management Act 2007

in relation to the assessment, treatment, referral or monitoring.

    (5)     If the court makes an order under subsection (2), the court may make an order requiring a clinician from CADAS to appear before the court at the time and place stated in the order for the sentencing of the offender.



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