(1)  A court may make a drug treatment order in respect of an offender if –

(a) it finds the offender guilty of one or more imprisonable offences other than –

(i) sexual offences; or

(ii) offences involving the infliction of actual bodily harm that, in the court's opinion, was not minor harm; and

(b) it is satisfied on the balance of probabilities that –

(i) the offender has a demonstrable history of illicit drug use; and

(ii) illicit drug use contributed to the commission of the imprisonable offence or offences; and

(c) it considers that, were it not making the drug treatment order –

(i) it would have sentenced the offender to a term of imprisonment; and

(ii) it would not have suspended the sentence, either in whole or in part; and

(d) it has received and considered a drug treatment order assessment report on the offender; and

(e) the offender is not subject to –

(i) .  .  .  .  .  .  .  .  

(ii) a parole order under the Corrections Act 1997 ; or

(iii) another drug treatment order; and

(f) no proceedings are pending against the offender, in any court, for –

(i) sexual offences; or

(ii) offences involving the infliction of actual bodily harm.

(2)  The court may make the drug treatment order regardless of whether –

(a) the offender's illicit drug use contributed to the offender breaching, on one or more previous occasions, a sentencing order or bail conditions; or

(b) the offender has been previously sentenced to one or more terms of imprisonment.

(3)  However, the court must not make the drug treatment order unless –

(a) it is satisfied in all the circumstances that it is appropriate to do so; and

(b) it is satisfied that the facilities likely to be used for the treatment and supervision part of the order are reasonably accessible to the offender; and

(ba) it is satisfied that –

(i) there are sufficient staff, in respect of a facility that is likely to be used for the treatment and supervision part of the order, to be able to provide the treatment and supervision; and

(ii) there will be sufficient staff and resources to enable treatment and supervision of the offender to be provided when he or she is not being treated in the facility; and

(c) the offender agrees in writing to the making of the order and to comply with the treatment and supervision part of the order.