Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 18ZP

Cancellation

18ZP. Cancellation



(1) The Drug Court may cancel the treatment and supervision part of a drug
treatment order if it is satisfied on the balance of probabilities that-

   (a)  before the order was made, the offender's circumstances were not
        accurately presented to either the Drug Court or the author of the
        drug treatment order assessment report on the offender; or

   (b)  the offender will not be able to comply with a condition attached to
        the order because the circumstances of the offender have materially
        changed since the order was made; or

   (c)  the offender is no longer willing to comply with one or more
        conditions attached to the order; or

   (d)  the continuation of the treatment and supervision part of the order is
        not likely to achieve one or more of the purposes for which the order
        was made; or

   (e)  the offender has breached an order under subsection 18ZL(1)(c), (d) or
        (e).

Note The Drug Court may also cancel the treatment and supervision part of the
order under section 18ZK or 18ZN.

(2) When cancelling the treatment and supervision part of the order under
subsection (1), the Drug Court must, after taking into account the extent to
which the offender complied with that part of the order, take one of the
following actions-

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



   (b)  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).

Note Section 18ZE sets out how much of the custodial part of a drug treatment
order can be activated.

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

   (a)  the offender; or

   (b)  the informant or police prosecutor; or

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

(4) Before the Drug Court cancels the treatment and supervision part of a drug
treatment order (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.





(4A) 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.

(5) 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.