CRIMES (SENTENCING) ACT 2005 - SECT 12A Drug and alcohol treatment orders

CRIMES (SENTENCING) ACT 2005 - SECT 12A

    (1)     This section applies if—

        (a)     an offender pleads guilty to an eligible offence; and

Note     A reference to an offender in this section does not include a young offender (see s 8 (1) (b)).

        (b)     the Supreme Court convicts the offender of the eligible offence and sentences the offender to a term of imprisonment for—

              (i)     if the offender is convicted of 1 eligible offence only—at least 1 year but not more than 4 years; or

              (ii)     if the offender is convicted of more than 1 eligible offence—a total period of at least 1 year but not more than 4 years; and

        (c)     the offender is not subject to a sentencing order for another offence.

    (2)     The court may make an order (a drug and alcohol treatment order ) that suspends a sentence of imprisonment for an eligible offence on condition that the offender agrees to complete a treatment program, but only if—

        (a)     the court is satisfied on the balance of probabilities that—

              (i)     the offender is dependent on alcohol or a controlled drug; and

              (ii)     the offender's dependency substantially contributed to the commission of the offence; and

              (iii)     the offender will live in the ACT for the term of the sentence except as directed by the court; and

        (b)     the court considers the order appropriate, taking into account—

              (i)     the relevant sentencing considerations applying to the offender; and

              (ii)     any information given to the court relating to the concerns of a victim about the victim's safety or welfare; and

              (iii)     the matters set out under section 80O; and

Note     Section 80O sets out the object of a drug and alcohol treatment order.

        (c)     the offender gives informed consent to the order being made after the offender is given—

              (i)     a clear explanation of the treatment order that contains sufficient information to enable the offender to make a balanced judgement about whether or not to consent to serve the sentence under the order; and

              (ii)     an opportunity to ask any questions about the order, and those questions have been answered and the offender appears to have understood the answers.

    (3)     A drug and alcohol treatment order, in suspending a sentence of imprisonment, must—

        (a)     if the sentence is taken to have started on a day before the day the sentence is imposed—suspend the remaining part of the sentence beginning on the day the sentence is imposed; or

        (b)     in any other case—fully suspend the sentence.

    (4)     To remove any doubt––

        (a)     the offender must not be subject to more than 1 treatment order at any particular time; and

        (b)     a treatment order may apply to more than 1 eligible offence dealt with in the same sentencing proceeding; and

        (c)     sentences for multiple offences may be served concurrently or consecutively (or partly concurrently and partly consecutively), subject to subsection (1) (b).

Note     Words in the singular number include the plural (see Legislation Act

, s 145 (b)).

    (5)     The court must not impose a lesser sentence of imprisonment on the offender than the circumstances of the offence would ordinarily require only to allow the court to make a treatment order.

    (6)     If the court makes a treatment order, the court must, as soon as practicable after the order is made, ensure that written notice of the order, together with a copy of the order, is given to the offender.

    (7)     Failure to comply with subsection (6) does not invalidate the treatment order.

    (8)     This section is subject to part 5.4A (Drug and alcohol treatment orders).

Note     A treatment order may not be made in relation to an offender who is under 18 years old (see s 46I).

    (9)     In this section:

"eligible offence" means an offence that is not—

        (a)     a serious violence offence; or

        (b)     a sexual offence.

"sentencing order" means any of the following:

        (a)     an order for imprisonment by full-time detention;

        (b)     a suspended sentence order;

        (c)     an intensive correction order;

        (d)     a deferred sentence order;

        (e)     a parole order;

        (f)     an order under a law in force in Australia that corresponds to an order mentioned in paragraphs (a) to (e).

"serious violence offence" means an offence against any of the following provisions of the Crimes Act 1900

:

        (a)     section 12 (Murder);

        (b)     section 15 (Manslaughter);

        (c)     section 19 (Intentionally inflicting grievous bodily harm);

        (d)     section 20 (Recklessly inflicting grievous bodily harm).

"sexual offence" means an offence against the Crimes Act 1900

, part 3.

"treatment program"—see section 80Z (1) (a).