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SENTENCING ACT 1991 - SECT 18ZE

Activation of custodial part of an order

    (1)     Despite anything to the contrary in this Act, an offender is not to serve the custodial part of a drug treatment order, and that part of the order does not commence, except in accordance with an order under this Subdivision activating that part of the order.

Note

The Drug Court may make an order activating some or all of the custodial part under section 18ZL(1)(f) (which involves serving a period in a secure custody facility), or under section 18ZN or 18ZP.

    (2)     In making an order under this Subdivision activating some or all of the custodial part of a drug treatment order, the Drug Court must first—

        (a)     calculate the remaining length of the custodial part of the order by subtracting from the length of the sentence of imprisonment imposed under the order—

              (i)     each period of custody declared under this Act as reckoned to be a period already served under the sentence; and

              (ii)     each period of custody served in a secure custody facility under the custodial part of the order because of an order under section 18ZL(1)(f); and

        (b)     if the total of—

              (i)     the remaining length of the custodial part of the order; and

              (ii)     the period during which the treatment and supervision part of the order has already operated—

is more than 2 years, reduce the remaining length of the custodial part so that the total is 2 years.

    (3)     If the Drug Court makes an order under section 18ZN(1)(b)(i) or 18ZP(2)(a) activating the custodial part of a drug treatment order for a period of one year or more, the Drug Court may, as part of the order under that section, fix in respect of the custodial part a non-parole period in accordance with section 11, as if the Drug Court had just sentenced the offender to that term of imprisonment.

Example

The Drug Court decides to make an order activating the custodial part of a drug treatment order 18 months after the drug treatment order was made. When it made the drug treatment order, it imposed a sentence of imprisonment of 8 months. The Drug Court

        (a)     calculates that the remaining length of the custodial part of the drug treatment order is 7 months because the length of the sentence of imprisonment imposed under the order was 8 months from which the Drug Court subtracts—

              (i)     14 days that the offender spent in custody before sentencing; and

              (ii)     16 days that the offender served in a secure custody facility because of an earlier order under section 18ZL(1)(f); and

        (b)     calculates that the total of—

              (i)     the remaining length of the custodial part (7 months); and

              (ii)     the period during which the treatment and supervision part of the drug treatment order has already operated (18 months)—

is 25 months, which is 1 month over 2 years; and

        (c)     so that the total is 2 years, reduces the remaining length of the custodial part by 1 month to 6 months.

This means that the Drug Court may make an order activating the custodial part for no more than 6 months.

S. 18ZF inserted by No. 2/2002 s. 5.



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