New South Wales Consolidated Acts

DRUG COURT ACT 1998 - SECT 18D

18D Restriction on power of Drug Court to make compulsory drug treatment orders

(1) The Drug Court must not make a compulsory drug treatment order with respect to an offender’s sentence of imprisonment unless:

(a) the Drug Court has referred the offender to the multi-disciplinary team for assessment as to the eligibility and suitability of the offender for compulsory drug treatment detention and has had regard to the contents of the assessment report made by the team under section 18E, and

(b) the Drug Court is satisfied:

(i) that the offender is of or above the age of 18 years, and

(ii) that the offender is an eligible convicted offender, and

(iii) that the offender is a suitable person to serve the sentence by way of compulsory drug treatment detention, and

(iv) that it is appropriate in all of the circumstances that the sentence be served by way of compulsory drug treatment detention, and

(v) that there is accommodation available (or is likely to be available within 14 days) at the Compulsory Drug Treatment Correctional Centre for the offender to serve the sentence by way of compulsory drug treatment detention, and

(vi) that the offender’s participation in the program will not damage the program or any other person’s participation in it.

(2) If the Drug Court declines to make a compulsory drug treatment order in relation to an eligible convicted offender’s sentence on the ground that the offender’s participation in the program will damage the program or any other person’s participation in it (as referred to in subsection (1) (b) (vi)), the Drug Court may:

(a) revoke any parole order made under section 50 of the Crimes (Sentencing Procedure) Act 1999 in relation to the offender, and

(b) notify the State Parole Authority of the decision to decline to make the order and the circumstances in which it was made.

(3) The Drug Court may, for any reason it considers sufficient, decline to make a compulsory drug treatment order despite the contents of an assessment report.

(4) No appeal lies against the Drug Court’s decision to make or not to make a compulsory drug treatment order.