Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 18ZN

Commission of certain offences

18ZN. Commission of certain offences



(1) If the Drug Court is satisfied beyond reasonable doubt that an offender
has failed to comply with a condition attached to a drug treatment order, by
committing an offence punishable on conviction by imprisonment for more than
12 months, the Drug Court must-

   (a)  take any of the actions under section 18ZL(1) as though the offender
        had failed to comply with any other condition attached to the order;
        or

   (b)  cancel the treatment and supervision part of the order and, after
        taking into account the extent to which the offender complied with
        that part of the order-

   (i)  make an order activating some or all of the custodial part of the drug
        treatment order; or

   (ii) cancel the custodial part of the drug treatment order and deal with
        the offender for each offence in respect of which the drug treatment
        order was made in any way in which the Drug Court could deal with the
        offender if it had just convicted him or her of each offence, other
        than by making an order under section 7(1)(a). Notes 1. Section 18ZE
        sets out how much of the custodial part of a drug treatment order can
        be activated. 2. The Drug Court may be required to take an action
        under paragraph (b) because of section 18ZO(3).





(2) The Drug Court may take an action under subsection (1) on its own
initiative or on an application by-

   (a)  the informant or police prosecutor; or

   (b)  a prescribed person or a person in a prescribed class of persons.

(3) Before the Drug Court cancels the treatment and supervision part of a drug
treatment order under subsection (1) (whether or not it also cancels the
custodial part), notice of the hearing concerning the cancellation must be
given to-

   (a)  the offender; and

   (b)  the informant or police prosecutor; and

   (c)  the prescribed person or the person in the prescribed class of
        persons-

and the Drug Court may order that a warrant to arrest be issued against the
offender if he or she does not attend for the hearing.

(3A) If notice of the hearing concerning the cancellation of the treatment and
supervision part of a drug treatment order-

   (a)  has been given to the offender or has been, to the satisfaction of the
        Drug Court, attempted to be given to the offender but the attempt is
        not successful; and

   (b)  the offender does not attend for the hearing-

then the treatment and supervision part of the drug treatment order is
suspended and the period between the failure to attend the hearing and the day
on which the offender does attend the Drug Court for the hearing does not
count in calculating the period for which that part of the order operates.

(4) To avoid doubt, if the Drug Court cancels the treatment and supervision
part or custodial part of a drug treatment order under this section, any
earlier orders activating the custodial part of the order cease to have
effect.