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SENTENCING ACT 1991 - SECT 18ZL

Failure to comply with conditions

    (1)     If the Drug Court is satisfied on the balance of probabilities that an offender has, without reasonable excuse, failed to comply with a condition attached to a drug treatment order (other than by committing an offence punishable on conviction by imprisonment for more than 12 months) the Drug Court must take one of the following actions—

        (a)     confirm the treatment and supervision part of the order;

        (b)     vary that part of the order under subsection (3);

        (c)     order that a curfew, requiring the offender to remain at a specified place between specified hours, applies to the offender for a specified period;

        (d)     order that the offender perform up to 20 hours of unpaid community work as directed by the Regional Manager of the region in which the community corrections centre specified in the order is located;

        (e)     order that the offender remain at a specified place, other than a secure custody facility, for a specified period of up to 14 days;

        (f)     subject to section 18ZM, order that the custodial part of the drug treatment order is activated for a specified period of between one and 7 days to be served in a secure custody facility.

Notes

1     If the offender commits an offence punishable on conviction by imprisonment for more than 12 months, see section 18ZN.

2     Section 18ZE sets out how much of the custodial part of a drug treatment order can be activated.

3     For secure custody facility see section 3(1).

    (2)     In deciding which action to take under subsection (1), the Drug Court must consider each of the actions in the order in which they appear and must only take the first action that the Court considers to be appropriate in the circumstances.

    (3)     The treatment and supervision part of the order may be varied by—

        (a)     adding or removing program conditions; or

        (b)     varying one or more core conditions, other than the condition referred to in section 18ZF(1)(a), or program conditions, for example to increase—

              (i)     the frequency of treatment; or

              (ii)     the degree of supervision; or

              (iii)     the frequency of drug or alcohol testing.

    (4)     If the Drug Court is satisfied on the balance of probabilities that an offender who is subject to an order under subsection (1)(c), (d) or (e) has failed to comply with the order, the Drug Court must take one of the following actions—

        (a)     confirm or vary that order;

        (b)     cancel that order and take any action under subsection (1), including making another order of the same kind, as though the offender had failed to comply with a condition attached to the drug treatment order.

Note

In addition, the Drug Court may cancel the treatment and supervision part of the drug treatment order and may also cancel the custodial part of that order (see section 18ZP).

    (5)     The Drug Court may take an action under subsection (1) or (4) on its own initiative or on an application by—

        (a)     the informant or police prosecutor; or

        (b)     a prescribed person or a person in a prescribed class of persons.

S. 18ZM inserted by No. 2/2002 s. 5.



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