(1) The sentences that may be imposed by the Drug Court under this Part are as
follows:
(a) in the case of an indictable offence (including an indictable
offence for which an election to have the offence dealt with on indictment has
been duly made under Chapter 5 of the Criminal Procedure Act 1986 ), any
penalty that could have been imposed by the District Court had the offence
been dealt with on indictment by the District Court,
(b) in the case of a
summary offence (including an indictable offence for which an election to have
the offence dealt with on indictment has not been duly made under Chapter 5 of
the Criminal Procedure Act 1986 ), any penalty that could have been imposed
by the Local Court had the offence been dealt with summarily by the Local
Court.
(2) Except for the purposes of the Criminal Appeal Act 1912 , a
person sentenced by the Drug Court for an offence referred to in subsection
(1) (a) is taken to have been convicted of the offence on indictment.
(3) The
provisions of section 58 of the Crimes (Sentencing Procedure) Act 1999 do not
apply to a sentence imposed on a person under this Act by the Drug Court as
referred to in subsection (1) (b) if that sentence is imposed for an offence
committed while the person was participating in a program under this Act.
(5) In this section,
"relevant conviction" of a person for an offence means the conviction of the
person by a court (other than the Drug Court) for the offence under any of the
following provisions for which the person has not been sentenced by that
court:
