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SENTENCING ACT 1991 - SECT 18ZM

Service in a secure custody facility

S. 18ZM(1) amended by No. 43/2020 s. 25(1).

    (1)     The Drug Court may only make an order under section 18ZL(1)(f) if it is satisfied beyond reasonable doubt that the offender has failed to comply with the condition attached to the drug and alcohol treatment order.

    (2)     If the Drug Court makes an order under that section, it—

        (a)     must specify in the order the kind of secure custody facility in which the period is to be served; and

S. 18ZM(2)(b) amended by No. 48/2006 s. 42(Sch. item 32.3).

        (b)     must only specify a youth justice centre if the offender is a young offender and the Drug Court considers it appropriate to do so.

    (3)     An offender can only be required to serve a period in a secure custody facility in accordance with an order under section 18ZL(1)(f) when—

        (a)     the period under the order under section 18ZL(1)(f); or

        (b)     the total of the periods for which the custodial part is activated under 2 or more such orders and which the offender has not yet served—

is at least 7 days, not including so much of the period or periods as is no longer activated because of an order under section 18ZJ(1)(c).

Note to s. 18ZM(3) amended by No. 43/2020 s. 25(1).

Note

An order may be made under section 18ZJ(1)(c) as a reward for complying with the conditions attached to a drug and alcohol treatment order.

    (4)     Before the Drug Court makes an order under section 18ZL(1)(f), notice of the hearing concerning the making of the order must be given to—

        (a)     the offender; and

S. 18ZM(4)(b) substituted by No. 43/2020 s. 25(2).

        (b)     the informant, the police prosecutor, or the prosecution (as the case requires); and

        (c)     the prescribed person or the person in the prescribed class of persons—

and the Drug Court may order that a warrant to arrest be issued against the offender if he or she does not attend for the hearing.

    (5)     If the Drug Court makes an order under section 18ZL(1)(f) the Drug Court may, for the purposes of giving effect to that order, issue a warrant to imprison the offender under section 68 of the Magistrates' Court Act 1989 .

S. 18ZM(6) inserted by No. 43/2020 s. 25(3).

    (6)     The Drug Court Division of the County Court may exercise any power conferred under the Magistrates' Court Act 1989 with respect to the issue, recall or cancellation of a warrant issued under subsection (5), or a duplicate copy of such a warrant.

S. 18ZN inserted by No. 2/2002 s. 5.



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