New South Wales Consolidated Acts

DRUG COURT ACT 1998 - SECT 7B

7B Persons accepted into program in relation to failure to comply with conditions of good behaviour bond

(1) This section applies to a person:

(a) who has been referred to the Drug Court under section 7, or

(b) who has been called on by the Drug Court to appear before it under section 98 of the Crimes (Sentencing Procedure) Act 1999 ,

not being a person who is currently participating in a program into which the person has been accepted as a result of previous proceedings under this Act.

(2) The Drug Court may deal with a person under this section in relation to an alleged failure to comply with the conditions of the relevant good behaviour bond if, and only if, it is satisfied as to each of the following matters:

(a) that the person is an eligible person,

(b) that the person admits to having failed, and has in fact failed, to comply with the conditions of the bond,

(c) that, having regard to the person’s antecedents, it would be appropriate for the person to participate in a program under this Act,

(d) that facilities to supervise and control the person’s participation in such a program are available, and have been allocated to the person, in accordance with the guidelines prescribed by the regulations,

(e) that the person accepts the conditions imposed by this Act and the conditions that the Drug Court proposes to impose on the person (whether immediately or at some later date) as a consequence of his or her being dealt with under this section,

(f) that the person has been informed of the Drug Court’s powers under Division 2 and of the respective consequences, as regards the sentence to be imposed under section 12, of the person’s compliance or non-compliance with a program,

(g) that any person (an "affected person") with whom it is likely the person would reside during the period of the person’s participation in a program under this Act has consented in writing to the person residing with the affected person during that period.

(3) Subject to subsections (4) and (5), the Drug Court deals with a person under this section in relation to a failure to comply with the conditions of a good behaviour bond by revoking the bond, and convicting and sentencing the person, in accordance with the Crimes (Sentencing Procedure) Act 1999 .

(4) Section 99 of the Crimes (Sentencing Procedure) Act 1999 does not apply to a good behaviour bond that is revoked under subsection (3).

(5) Sections 44-48, 50, 51 and 51A of the Crimes (Sentencing Procedure) Act 1999 do not apply to the conviction and sentencing of a person under this section.

(6) For the purposes of this Act, the sentence of imprisonment in relation to which a good behaviour bond referred to in section 12 of the Crimes (Sentencing Procedure) Act 1999 was entered into under that Act is taken to be the sentence imposed under subsection (3) in relation to the bond.

(7) On or within 14 days after sentencing the person, the Drug Court:

(a) must make an order imposing on the person the conditions that the person has accepted as referred to in subsection (2) (e) (the person’s "program"), and

(b) must make an order suspending execution of the sentence for the duration of the person’s program (the person’s "suspension order").

(8) An order referred to in subsection (7) (a) or (b) may be made in the absence of the person in respect of whom it is made.

(9) The kinds of conditions that the Drug Court may impose on the person under this section are as follows:

(a) conditions relating to conduct and good behaviour,

(b) conditions relating to attendance for counselling or other treatment,

(c) conditions relating to the supervision of the person for the duration of a program under this Act,

(d) conditions relating to drug testing that the person must undergo,

(e) conditions relating to residence, association with other persons or attendance at specified locations,

(f) conditions relating to involvement in activities, courses, training or employment for the purpose of promoting the re-integration of the person into the community,

(g) conditions relating to conferring rewards of the kind referred to in section 16 (1),

(h) conditions relating to the imposition of sanctions of the kind referred to in section 16 (2),

(i) any other kinds of conditions that may be prescribed by the regulations,

(j) such other conditions as the Drug Court considers appropriate in the circumstances.

(10) Nothing in this Act entitles a person to be convicted and sentenced under this section, and no appeal lies against any decision by the Drug Court not to convict or sentence a person under this section.

(11) A suspension order does not operate to suspend any period of disqualification from holding a driver licence imposed by or under the road transport legislation within the meaning of the Road Transport (General) Act 2005 .

(12) For the purposes of subsection (2) (g):

(a) the consent of children below a prescribed age, and

(b) the consent of persons suffering a prescribed disability,

may be given on their behalf by such other persons as the regulations may determine or may, if the regulations so provide, be dispensed with.

(13) In this section, a reference to the convicting and sentencing of a person is, in the case of a person who is referred to the Drug Court after having been convicted, a reference to the sentencing of the person only.