Australian Capital Territory Current Acts

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Breach of treatment order—other than commission of offence

    (1)     If the court is satisfied on the balance of probabilities that an offender subject to a treatment order has breached a condition of the treatment order, other than by the commission of an offence, the court must make 1 or more of the following orders:

        (a)     confirming the treatment and supervision part of the order with no further action to be taken on the breach;

        (b)     give the offender a warning about the need to comply with the offender's treatment order obligations;

        (c)     amending the treatment and supervision part in accordance with subsection (2);

        (d)     requiring the offender to comply with 1 or more of the following conditions:

              (i)     stay at a stated place, other than a correctional centre, for a stated period of up to 14 days;

              (ii)     stay at the stated place between stated hours for a stated period;

              (iii)     surrender a firearm in the offender's possession or control;

              (iv)     not acquire a firearm;

              (v)     not consume alcohol or take drugs;

              (vi)     not drive a motor vehicle under particular circumstances, or at all;

        (e)     provisionally cancelling the suspension of the sentence of imprisonment under the custodial part, for a period of at least 3 days but not more than 14 days, and reinstating the suspension at the end of the period;

        (f)     cancelling the treatment order and imposing, in full or in part, the sentence of imprisonment that was suspended under the custodial part of the treatment order;

        (g)     cancelling the treatment order and resentencing the offender for each offence in relation to which the treatment order was made in any way in which the court could deal with the offender if, at the time of resentencing, it had convicted the offender of each offence, other than by making an order under section 12A (Drug and alcohol treatment orders).

    (2)     The treatment and supervision part of the order may be amended by adding, modifying or removing treatment program conditions.

Examples—treatment program condition

1     frequency of treatment

2     degree of supervision

3     frequency of drug and alcohol testing

    (3)     If the court is satisfied on the balance of probabilities that an offender who is subject to an order made under subsection (1) has breached the order, the court must—

        (a)     confirm or amend the order; or

        (b)     cancel the order and make another order under subsection (1).

    (4)     The court may make an order under this section on its own initiative or on application by—

        (a)     the offender; or

        (b)     the director of public prosecutions; or

        (c)     a member of the treatment and supervision team; or

        (d)     a person prescribed by regulation.

    (5)     If the court makes an order under this section, the court must, as soon as practicable after the order is made, ensure that written notice of the order, together with a copy of the order, is given to—

        (a)     the offender; and

        (b)     any other person who the court considers should receive the notice.

    (6)     Failure to comply with subsection (5) does not invalidate the treatment order.

    (7)     In this section:

"firearm"—see the Firearms Act 1996

, section 6.

"motor vehicle"—see the Road Transport (General) Act 1999

, dictionary.

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