New South Wales Consolidated Acts

DRUG COURT ACT 1998 - SECT 7D

7D Persons not accepted into program in relation to offence

(1) This section applies to a person who has been referred to the Drug Court under section 6 but whom the Drug Court has not dealt with under section 7A.

(2) The Drug Court may deal with a person under this section in relation to an offence if, and only if, it is satisfied as to each of the following matters:

(a) that the person has pleaded guilty to the offence (whether before the referring court or the Drug Court) and has been found guilty of the offence,

(b) that the person consents to being dealt with under this section.

(3) The Drug Court deals with a person under this section in relation to an offence by convicting the person and sentencing the person in accordance with the Crimes (Sentencing Procedure) Act 1999 .

(4) If the person does not consent to being dealt with under this section or in such other circumstances as the Drug Court may determine, the Drug Court is to refer the person back to the referring court.

(5) In the case of a person who has been referred to the Drug Court for 2 or more offences by 2 or more referring courts, the Drug Court may refer the person back to any one of the referring courts to be dealt with:

(a) for the offences for which the person was referred by that court, and

(b) for such of the other offences as are within the criminal jurisdiction of that court.

(6) In dealing with a person for an offence referred to in subsection (5) (b), the court to which the person is referred back is taken to be the referring court for the purposes of subsection (7).

(7) If the Drug Court refers a person back to the referring court, the proceedings against the person are to be continued before the referring court at a time and place specified in the order, as if:

(a) the person had not been referred to the Drug Court, and

(b) the proceedings had merely been adjourned to the time and place specified in the order.

(8) A person who is convicted and sentenced by the Drug Court under this section may, at the same time or any later time:

(a) be convicted and sentenced for any other offence to which he or she has pleaded guilty (other than an offence referred to in section 5 (2)), whether or not the person has been referred to the Drug Court under section 6 in relation to that other offence, or

(b) be dealt with in proceedings under section 98 or 99 of the Crimes (Sentencing Procedure) Act 1999 for sentencing on the revocation of a good behaviour bond, whether or not the person has been referred to the Drug Court under section 7 in relation to the failure to comply with the conditions of the good behaviour bond, or

(c) be dealt with under both paragraphs (a) and (b).

(9) 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.