CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 106W
Conviction and sentencing of offenders for certain offences while compulsory drug treatment order is in force
CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 106W
Conviction and sentencing of offenders for certain offences while compulsory drug treatment order is in force
106W Conviction and sentencing of offenders for certain offences while
compulsory drug treatment order is in force
(1) If an offender has been
convicted and sentenced to a term of imprisonment (a
"new sentence" ) that is being served concurrently or partly concurrently with
a sentence in relation to which the offender's compulsory drug treatment order
was made, the court that sentenced that offender is to refer the offender to
the Drug Court to determine whether the offender's compulsory drug treatment
order should--
(a) be varied so as to apply also in relation to the new
sentence, or
(b) be revoked.
(2) The Drug Court may vary a compulsory drug
treatment order so as to direct an offender to serve a new sentence of
imprisonment by way of compulsory drug treatment detention.
(3) Subject to
subsection (4), the Drug Court must not vary a compulsory drug treatment order
under this section unless the offender is an eligible convicted offender
(within the meaning of the Drug Court Act 1998 ).
(4) Despite section 5A (1)
(b) of the Drug Court Act 1998 , the Drug Court may vary a compulsory drug
treatment order under this section if the cumulative unexpired non-parole
period for the offender's term of imprisonment under all sentences in force is
greater than 3 years but not more than 4 years.
