Victorian Current Acts

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SENTENCING ACT 1991 - SECT 18ZO

Drug Court may hear and determine certain offences

    (1)     If an offender who is subject to a drug treatment order is charged with an offence, whether committed before or after the order was made, that is within the jurisdiction of the Magistrates' Court—

        (a)     the Drug Court may hear and determine the offence; and

        (b)     for the purposes of the Magistrates' Court Act 1989 , the Drug Court is taken to be the proper venue in relation to the proceeding for that offence.

    (2)     If—

        (a)     the Drug Court convicts the offender of the offence and imposes a sentence of imprisonment on the offender in respect of the offence; and

S. 18ZO(2)(b) substituted by No. 65/2011 s. 14(1).

        (b)     the Drug Court does not suspend the sentence in whole or in part; and

        (c)     the length of the sentence imposed is not more than the remaining length of the custodial part of the drug treatment order (as calculated in accordance with section 18ZE(2)(a)); and

        (d)     the offence is a kind of offence in respect of which the Drug Court could make a drug treatment order if the offender were not already subject to one—

in imposing the sentence, the Drug Court may order that the sentence is subsumed within the custodial part of the drug treatment order.

    (3)     If—

        (a)     the Drug Court convicts the offender of the offence and imposes a sentence of imprisonment on the offender in respect of the offence; and

S. 18ZO(3)(b) substituted by No. 65/2011 s. 14(2).

        (b)     the Drug Court does not suspend the sentence in whole or in part; and

        (c)     the Drug Court does not order under subsection (2) that the sentence is subsumed within the custodial part of the drug treatment order

the Drug Court must cancel the treatment and supervision part of the drug treatment order under section 18ZN(1)(b) and take an action under subparagraph (i) or (ii) of that section.

S. 18ZP inserted by No. 2/2002 s. 5.



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