Victorian Current Acts

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SENTENCING ACT 1991 - SECT 18Z

When drug treatment order can be made

    (1)     The Drug Court may make a drug treatment order if—

        (a)     an offender pleads guilty to an offence that is within the jurisdiction of the Magistrates' Court 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

        (d)     the Drug Court considers that—

              (i)     a sentence of imprisonment would otherwise be appropriate; and

S. 18Z(1)(d)(ii) substituted by No. 65/2011 s. 13(1).

              (ii)     it would not have suspended the sentence in whole or in part; and

        (e)     the Drug Court has received a drug treatment order assessment report on the offender under section 18ZQ.

    (2)     However, a drug treatment order cannot be made 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S. 18Z(2)(b) repealed by No. 65/2011 s. 13(2).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.

    (3)     The Drug Court must not make a drug 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.

    (4)     The Drug Court may make a drug 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.

    (5)     Despite subsection (1)(a)(ii), the Drug Court may make a drug 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.



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