Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 18Z

When drug treatment order can be made

18Z. When drug treatment order can be made



(1) The Drug Court may make a drug treatment order if-

   (a)  an offender pleads guilty to an offence that is within the
        jurisdiction of the Magistrates' Court and punishable on conviction by
        imprisonment, other than-

   (i)  a sexual offence as defined in section 6B(1); or

   (ii) subject to subsection (5), an offence involving the infliction of
        actual bodily harm; and

   (b)  the Drug Court convicts the offender of the offence; and

   (c)  the Drug Court is satisfied on the balance of probabilities that-

   (i)  the offender is dependent on drugs or alcohol; and

   (ii) the offender's dependency contributed to the commission of the
        offence; and

   (d)  the Drug Court considers that-

   (i)  a sentence of imprisonment would otherwise be appropriate; and

   (ii) it would not have ordered that the sentence be served by way of
        intensive correction in the community nor would it have suspended the
        sentence in whole or part; and

   (e)  the Drug Court has received a drug treatment order assessment report
        on the offender under section 18ZQ.



(2) However, a drug treatment order cannot be made in respect of an offender
who is subject to-

   (a)  a parole order; or

   (b)  a combined custody and treatment order; or

   (c)  a sentencing order of the County Court or Supreme Court.

(3) The Drug Court must not make a drug treatment order unless-

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

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

Note Section 18ZC sets out what the treatment and supervision part of the
order is.

(4) The Drug Court may make a drug treatment order in respect of an offender
regardless of whether-

   (a)  the offender's drug or alcohol dependency contributed on one or more
        previous occasions to the offender-

   (i)  committing an offence of which the offender was convicted or found
        guilty; or

   (ii) failing to comply with the conditions of bail or of a sentencing
        order; or

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

(5) Despite subsection (1)(a)(ii), the Drug Court may make a drug treatment
order in respect of an offender where the offence involved the infliction of
actual bodily harm if it is satisfied that the harm was of a minor nature.