(1) This section applies to such courts as are prescribed by the regulations.
(2) It is the duty of a court to which this section applies that sentences a
person to imprisonment or which, on determining an appeal, confirms a sentence
of imprisonment imposed on the person by some other court (whether or not on
the same terms as the other court):
(2A) The duty imposed on a court by this
section does not apply to a court on determining an appeal (an
"appeal court" ) if the person whose sentence is confirmed in the appeal is
already the subject of a compulsory drug treatment order as a consequence of a
referral made to the Drug Court by the court that imposed the sentence
confirmed by the appeal court.
(2B) However, if the person whose sentence is
confirmed by the appeal court is not already the subject of a
compulsory drug treatment order, the duty imposed by this section applies to
the appeal court, whether or not the court that imposed the sentence confirmed
by the appeal court referred the person to the Drug Court under this section.
(3) The duty imposed on a court by this section is to be exercised as soon as
practicable after the person is sentenced to imprisonment or the appeal is
dealt with.
(4) The registrar or clerk of a court that refers a person to the
Drug Court under this section must give to the registrar of the Drug Court
such documents and materials prescribed by the regulations relating to the
person as are requested by that registrar.
(6) For the purposes of this section, an
"appeal" includes an application for annulment of sentence in so far as it
relates to a decision referred to in subsection (5).
