Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 18ZO

Drug Court may hear and determine certain offences

18ZO. Drug Court may hear and determine certain offences



(1) If an offender who is subject to a drug treatment order is charged with an
offence, whether committed before or after the order was made, that is within
the jurisdiction of the Magistrates' Court-

   (a)  the Drug Court may hear and determine the offence; and

   (b)  for the purposes of the Magistrates' Court Act 1989, the Drug Court is
        taken to be the proper venue in relation to the proceeding for that
        offence.

(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

   (b)  the Drug Court does neither of the following-

   (i)  orders that the sentence be served by way of intensive correction in
        the community;

   (ii) suspends the sentence in whole or part; and





   (c)  the length of the sentence imposed is not more than the remaining
        length of the custodial part of the drug treatment order (as
        calculated in accordance with section 18ZE(2)(a)); and

   (d)  the offence is a kind of offence in respect of which the Drug Court
        could make a drug 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 treatment order.

(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

   (b)  the Drug Court does neither of the following-

   (i)  orders that the sentence be served by way of intensive correction in
        the community;

   (ii) suspends the sentence in whole or part; and

   (c)  the Drug Court does not order under subsection (2) that the sentence
        is subsumed within the custodial part of the drug treatment order-

the Drug Court must cancel the treatment and supervision part of the drug
treatment order under section 18ZN(1)(b) and take an action under subparagraph
(i) or (ii) of that section.