SENTENCING ACT 1991 - SECT 18ZS Immunity from prosecution for certain offences

SENTENCING ACT 1991 - SECT 18ZS

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

S. 18ZS(1)(a) amended by No. 43/2020 s. 31(1).

        (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 and alcohol treatment order; or

S. 18ZS(1)(b) amended by No. 43/2020 s. 31(1)(2).

        (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 judicial officer constituting the Drug Court, of the person's progress under a drug and alcohol 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).

S. 18ZS(4) inserted by No. 43/2020 s. 31(3).

    (4)     In this section—

"judicial officer" means—

        (a)     for the Drug Court Division of the Magistrates' Court, a magistrate; or

        (b)     for the Drug Court Division of the County Court, a judicial registrar, an associate judge or a judge of the County Court.

New s. 18ZT inserted by No. 26/2012 s. 29.