DRUG COURT ACT 1998 - SECT 6 Courts may refer persons to Drug Court during proceedings for offence

DRUG COURT ACT 1998 - SECT 6

6 Courts may refer persons to Drug Court during proceedings for offence

(1) This section applies to such courts and proceedings as are prescribed by the regulations.

(2) It is the duty of a court before which a person is charged with an offence or to which a person appeals against a sentence imposed by some other court:

(a) to ascertain whether the person appears to be an eligible person, and

(b) if so, to ascertain whether the person is willing to be referred to the Drug Court to be dealt with for the offence, and

(c) if so, to refer the person to the Drug Court to be dealt with for the offence.

(3) The power conferred on a court by this section is to be exercised as soon as practicable after the person first comes before the court in connection with the offence, but may be exercised at any time:

(a) in the case of a Magistrate conducting committal proceedings under the Criminal Procedure Act 1986 , before the Magistrate has committed the person for trial or sentence in relation to that offence, and

(b) in any other case, before the person is sentenced or re-sentenced for the offence.