SENTENCING ACT 1991 - SECT 18ZO Drug Court may hear and determine certain offences
SENTENCING ACT 1991 - SECT 18ZO
Drug Court may hear and determine certain offencesS. 18ZO(1) substituted by No. 43/2020 s. 27(1).
(1) If an offender who is subject to a drug and alcohol treatment order made by the Drug Court Division of the Magistrates' Court is charged with an offence that is within the jurisdiction of the Magistrates' Court—
(a) the Drug Court Division of the Magistrates' Court may hear and determine the offence; and
(b) for the purposes of the Magistrates' Court Act 1989 , the Drug Court Division of the Magistrates' Court is taken to be the proper venue in relation to the proceeding for that offence.
S. 18ZO(1A) inserted by No. 43/2020 s. 27(1).
(1A) If an offender who is subject to a drug and alcohol treatment order made by the Drug Court Division of the County Court is charged with, and pleads guilty to, an offence that is within the jurisdiction of the Magistrates' Court—
(a) the Magistrates' Court must order that the proceeding in respect of the charge is transferred to the Drug Court Division of the County Court; and
(b) the Drug Court Division of the County Court may deal with the offender for that offence.
S. 18ZO(1B) inserted by No. 43/2020 s. 27(1).
(1B) If an offender who is subject to a drug and alcohol treatment order made by the Drug Court Division of the County Court is charged with an offence that is within the jurisdiction of the County Court, the Drug Court Division of the County Court may hear and determine the offence.
S. 18ZO(1C) inserted by No. 43/2020 s. 27(1).
(1C) For the purposes of subsections (1), (1A) and (1B), it does not matter whether the offence with which the offender is charged is alleged to have been committed before or after the drug and alcohol treatment order was made.
S. 18ZO(1D) inserted by No. 43/2020 s. 27(1), amended by No. 12/2024 s. 64.
(1D) Subsections (1A) and (1B) do not apply after the fifth anniversary of the commencement of section 3 of the Justice Legislation Amendment (Drug Court and Other Matters) Act 2020 .
S. 18ZO(2) amended by No. 43/2020 s. 27(2).
(2) If—
(a) the Drug Court convicts the offender of the offence and imposes a sentence of imprisonment on the offender in respect of the offence; and
S. 18ZO(2)(b) substituted by No. 65/2011 s. 14(1).
(b) the Drug Court does not suspend the sentence in whole or in part; and
S. 18ZO(2)(c) amended by No. 43/2020 s. 27(2).
(c) the length of the sentence imposed is not more than the remaining length of the custodial part of the drug and alcohol treatment order (as calculated in accordance with section 18ZE(2)(a)); and
S. 18ZO(2)(d) amended by No. 43/2020 s. 27(2).
(d) the offence is a kind of offence in respect of which the Drug Court could make a drug and alcohol treatment order if the offender were not already subject to one—
in imposing the sentence, the Drug Court may order that the sentence is subsumed within the custodial part of the drug and alcohol treatment order.
S. 18ZO(3) amended by No. 43/2020 s. 27(2).
(3) If—
(a) the Drug Court convicts the offender of the offence and imposes a sentence of imprisonment on the offender in respect of the offence; and
S. 18ZO(3)(b) substituted by No. 65/2011 s. 14(2).
(b) the Drug Court does not suspend the sentence in whole or in part; and
S. 18ZO(3)(c) amended by No. 43/2020 s. 27(2).
(c) the Drug Court does not order under subsection (2) that the sentence is subsumed within the custodial part of the drug and alcohol treatment order—
the Drug Court must cancel the treatment and supervision part of the drug and alcohol treatment order under section 18ZN(1)(b) and take an action under subparagraph (i) or (ii) of that section.
S. 18ZP inserted by No. 2/2002 s. 5.