Victorian Consolidated Legislation

Sentencing Act 1991 - SECT 18ZS

Immunity from prosecution for certain offences

18ZS. Immunity from prosecution for certain offences



(1) A person is not liable to prosecution for any offence comprising the
unlawful possession or use of drugs of addiction-

   (a)  as a result of any admission made in connection with any assessment of
        the eligibility of the person for the making of a drug treatment
        order; or

   (b)  as a result of any admission made in connection with the assessment by
        the Drug Court, or at a case conference convened under section 18ZI(1)
        by the magistrate constituting the Drug Court, of the person's
        progress under a drug treatment order.

(2) Subsection (1) does not prevent a prosecution for any offence comprising
the unlawful possession or use of drugs of addiction if there is evidence,
other than the admission or evidence obtained as a result of the admission, to
support a charge.

(3) The admission, and any evidence obtained as a result of the admission, is
not admissible against the person in a prosecution referred to in subsection
(2).

Subdivision (1D)-Home detention orders