Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SENTENCING ACT 1991 - SECT 18ZN

Commission of certain offences

    (1)     If the Drug Court is satisfied beyond reasonable doubt that an offender has failed to comply with a condition attached to a drug treatment order, by committing an offence punishable on conviction by imprisonment for more than 12 months, the Drug Court must—

S. 18ZN(1)(a) amended by No. 35/2002 s. 28(Sch. item 5.1).

        (a)     take any of the actions under section 18ZL(1) as though the offender had failed to comply with any other condition attached to the order; or

        (b)     cancel the treatment and supervision part of the order and, after taking into account the extent to which the offender complied with that part of the order—

              (i)     make an order activating some or all of the custodial part of the drug treatment order; or

              (ii)     cancel the custodial part of the drug treatment order and deal with the offender for each offence in respect of which the drug treatment order was made in any way in which the Drug Court could deal with the offender if it had just convicted him or her of each offence, other than by making an order under section 7(1)(a).

Notes

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

2     The Drug Court may be required to take an action under paragraph (b) because of section 18ZO(3).

    (2)     The Drug Court may take an action under subsection (1) 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.

    (3)     Before the Drug Court cancels the treatment and supervision part of a drug treatment order under subsection (1) (whether or not it also cancels the custodial part), notice of the hearing concerning the cancellation must be given to—

        (a)     the offender; and

        (b)     the informant or police prosecutor; 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.

S. 18ZN(3A) inserted by No. 30/2005 s. 8(1).

    (3A)     If notice of the hearing concerning the cancellation of the treatment and supervision part of a drug treatment order

        (a)     has been given to the offender or has been, to the satisfaction of the Drug Court, attempted to be given to the offender but the attempt is not successful; and

        (b)     the offender does not attend for the hearing—

then the treatment and supervision part of the drug treatment order is suspended and the period between the failure to attend the hearing and the day on which the offender does attend the Drug Court for the hearing does not count in calculating the period for which that part of the order operates.

    (4)     To avoid doubt, if the Drug Court cancels the treatment and supervision part or custodial part of a drug treatment order under this section, any earlier orders activating the custodial part of the order cease to have effect.

S. 18ZO inserted by No. 2/2002 s. 5.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback