New South Wales Consolidated Acts

CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 100T

100T Right to decide not to participate in intervention program

(1) An offender may, at any time after entering into an agreement under section 10 (1) (c) (including after the commencement of the intervention program concerned) decide not to participate or to continue to participate in the intervention program or any intervention plan arising out the program.

(2) Such a decision is to be made in accordance with the terms of the intervention program.

(3) If the offender makes such a decision, the sentencing court or any court of like jurisdiction, may call on the offender to appear before it.

(4) If the offender fails to appear, the court may take an action referred to in section 100R (2) or (2A).

(5) A court may, when an offender appears before it following a decision not to participate or to continue to participate in an intervention program or intervention plan--

(a) revoke the intervention program order, and

(b) make another order under section 10 (other than an intervention program order), or convict and sentence the offender for the offence in respect of which the intervention program order was imposed.

(6) This Act applies to the sentencing of an offender under this section in the same way as it applies to the sentencing of an offender on a conviction.

(7) An offender who under this section is sentenced by a court for an offence has the same rights of appeal as the offender would have had if the offender had been sentenced by that court on being convicted of the offence.