New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
Omit the definitions of
"drug offender",
"initial sentence",
"program",
"referring court" and
"suspension order" from section 4 (1).
Insert in alphabetical order:
"drug offender" means a person who has been dealt with under section 7 or 8AB.
"initial sentence" means any sentence imposed on a person in accordance with section 7 or 8AB, and includes any sentence that is added to the initial sentence in accordance with section 8AC.
"program" means the program of supervision and control that arises from the conditions accepted by a person and imposed by the Drug Court under section 7 (3) (a) or 8AB (6) (a).
"referring court" means the court by which a person has been referred to the Drug Court under section 6 or 8AA.
"suspension order" means an order under section 7 (3) (b) or 8AB (6) (b) by which a person's initial sentence is suspended for the duration of the person's program.
Insert " during proceedings for offence " after " program ".
Omit "may, under this section,
convict and sentence a person who has pleaded guilty to the offence for which
the person has been referred (whether before the referring court or the Drug
Court)" from section 7 (2).
Insert instead "may deal with a person under this section in relation to an
offence".
Insert after section 7 (2) (a):
(a1) that the person has pleaded guilty to the offence (whether before the referring court or the Drug Court) and has been found guilty of the offence,
Insert after section 7 (2):
(2A) The Drug Court deals with a person under this section in relation to an offence by convicting the person and sentencing the person in accordance with the Crimes (Sentencing Procedure) Act 1999 .
Omit "convicted and
sentenced" from section 8 (1).
Insert instead "dealt with".
Omit section 8 (2). Insert instead:
(2) The Drug Court may deal with a person under this section in relation to an offence if, and only if, it is satisfied as to each of the following matters:(a) that the person has pleaded guilty to the offence (whether before the referring court or the Drug Court) and has been found guilty of the offence,(b) that the person consents to being dealt with under this section.
(2A) The Drug Court deals with a person under this section in relation to an offence by convicting the person and sentencing the person in accordance with the Crimes (Sentencing Procedure) Act 1999 .
Insert after Division 1 of Part 2:
8AA Courts may refer persons to Drug Court(1) This section applies to such courts and proceedings as are prescribed by the regulations.(2) It is the duty of a court before whom an offender appears under section 98 of the Crimes (Sentencing Procedure) Act 1999 in connection with an alleged failure to comply with the conditions of a good behaviour bond:(a) to ascertain whether the person appears to be an eligible person, and(b) if so, to ascertain whether the person is willing to be referred to the Drug Court to be dealt with for the alleged failure, and(c) if so, to refer the person to the Drug Court to be dealt with for the alleged failure.(3) The power conferred on a court by this section is to be exercised as soon as practicable after the person's first appearance before the court in relation to the alleged failure.(4) This section does not apply to an offender who, at the time of his or her appearance before the court, is in custody under a sentence of full-time imprisonment.(5) In relation to an offender who is remanded in custody in connection with proceedings for an offence, a court may, but only in such circumstances as the regulations prescribe, defer taking action under this section until it has disposed of those proceedings.
8AB Persons accepted into program(1) This section applies to a person:(a) who has been referred to the Drug Court under section 8AA, or(b) who has been called on by the Drug Court to appear before it under section 98 of the Crimes (Sentencing Procedure) Act 1999 ,not being a person who is currently participating in a program into which the person has been accepted as a result of previous proceedings under this Act.(2) The Drug Court may deal with a person under this section in relation to an alleged failure to comply with the conditions of the relevant good behaviour bond if, and only if, it is satisfied as to each of the following matters:(a) that the person is an eligible person,(b) that the person admits to having failed, and has in fact failed, to comply with the conditions of the bond,(c) that, having regard to the person's antecedents, it would be appropriate for the person to participate in a program under this Act,(d) that facilities to supervise and control the person's participation in such a program are available, and have been allocated to the person, in accordance with the guidelines prescribed by the regulations,(e) that the person accepts the conditions imposed by this Act and the conditions that the Drug Court proposes to impose on the person (whether immediately or at some later date) as a consequence of his or her being dealt with under this section,(f) that the person has been informed of the Drug Court's powers under Division 2 and of the respective consequences, as regards the sentence to be imposed under section 12, of the person's compliance or non-compliance with a program,(g) that any person (an "affected person") with whom it is likely the person would reside during the period of the person's participation in a program under this Act has consented in writing to the person residing with the affected person during that period.(3) Subject to subsections (4) and (5), the Drug Court deals with a person under this section in relation to a failure to comply with the conditions of a good behaviour bond by revoking the bond, and convicting and sentencing the person, in accordance with the Crimes (Sentencing Procedure) Act 1999 .(4) Section 99 of the Crimes (Sentencing Procedure) Act 1999 does not apply to a good behaviour bond that is revoked under subsection (3).(5) For the purposes of this Act, the sentence of imprisonment in relation to which a good behaviour bond referred to in section 12 of the Crimes (Sentencing Procedure) Act 1999 was entered into under that Act is taken to be the sentence imposed under subsection (3) in relation to the bond.(6) On or within 14 days after sentencing the person, the Drug Court:(a) must make an order imposing on the person the conditions that the person has accepted as referred to in subsection (2) (e) (the person's "program"), and(b) must make an order suspending execution of the sentence for the duration of the person's program (the person's "suspension order").(7) An order referred to in subsection (6) (a) or (b) may be made in the absence of the person in respect of whom it is made.(8) The kinds of conditions that the Drug Court may impose on the person under this section are as follows:(a) conditions relating to conduct and good behaviour,(b) conditions relating to attendance for counselling or other treatment,(c) conditions relating to the supervision of the person for the duration of a program under this Act,(d) conditions relating to drug testing that the person must undergo,(e) conditions relating to residence, association with other persons or attendance at specified locations,(f) conditions relating to involvement in activities, courses, training or employment for the purpose of promoting the re-integration of the person into the community,(g) conditions relating to conferring rewards of the kind referred to in section 16 (1),(h) conditions relating to the imposition of sanctions of the kind referred to in section 16 (2),(i) any other kinds of conditions that may be prescribed by the regulations,(j) such other conditions as the Drug Court considers appropriate in the circumstances.(9) Nothing in this Act entitles a person to be convicted and sentenced under this section, and no appeal lies against any decision by the Drug Court not to convict or sentence a person under this section.(10) A suspension order does not operate to suspend any period of disqualification from holding a driver licence imposed by or under the road transport legislation within the meaning of the Road Transport (General) Act 1999 .(11) For the purposes of subsection (2) (g):(a) the consent of children below a prescribed age, and(b) the consent of persons suffering a prescribed disability,may be given on their behalf by such other persons as the regulations may determine or may, if the regulations so provide, be dispensed with.
8AC Persons allowed to continue in program(1) This section applies to a person:(a) who has been referred to the Drug Court under section 8AA, or(b) who has been called on by the Drug Court to appear before it under section 98 of the Crimes (Sentencing Procedure) Act 1999 ,being a person who is currently participating in a program into which the person has been accepted as a result of previous proceedings under this Act.(2) The Drug Court may deal with a person under this section in relation to an alleged failure to comply with the conditions of the relevant good behaviour bond if, and only if, it is satisfied as to each of the following matters:(a) that the person is an eligible person,(b) that the person admits to having failed, and has in fact failed, to comply with the conditions of the bond,(c) that, having regard to the person's antecedents, it would be appropriate for the person to continue to participate in a program under this Act,(d) that the person consents to being dealt with under this section.(3) Subject to subsections (4), (5) and (6), the Drug Court deals with a person under this section in relation to a failure to comply with the conditions of a good behaviour bond:(a) by revoking the bond, and convicting and sentencing the person, in accordance with the Crimes (Sentencing Procedure) Act 1999 , and(b) by adding the new sentence to the person's initial sentence.(4) Section 99 of the Crimes (Sentencing Procedure) Act 1999 does not apply to a good behaviour bond that is revoked under subsection (3) (a).(5) For the purposes of this Act, the sentence of imprisonment in relation to which a good behaviour bond referred to in section 12 of the Crimes (Sentencing Procedure) Act 1999 was entered into under that Act is taken to be the sentence imposed under subsection (3) (a) in relation to the bond.(6) Any penalty in the new sentence that comprises a term of imprisonment or a community service order is taken to be subject to a direction that it be served consecutively with any other penalty of the same kind in the initial sentence.(7) Nothing in this Act entitles a person to be convicted and sentenced under this section, and no appeal lies against any decision by the Drug Court not to convict or sentence a person under this section.
8AD Persons not accepted into program(1) This section applies to a person:(a) who has been referred to the Drug Court under section 8AA, or(b) who has been called on by the Drug Court to appear before it under section 98 of the Crimes (Sentencing Procedure) Act 1999 ,but whom the Drug Court has not dealt with under section 8AB or 8AC.(2) The Drug Court is to deal with a person to whom this section applies in accordance with sections 98 and 99 of the Crimes (Sentencing Procedure) Act 1999 .
Insert "or 1A" after "Division 1" in section 17 (a).
Insert after section 24 (2):
(3) For the purposes of section 98 (1) (b) and (c) of the Crimes (Sentencing Procedure) Act 1999 :(a) the Drug Court is a court of like jurisdiction in relation to the District Court, and(b) the Drug Court is a court of superior jurisdiction in relation to a Local Court.
Note: Item [8] inserts a new Division 1A into Part 2 of the Drug Court Act 1998 . The new Division makes provision with respect to offenders who are called up by a court in relation to an alleged failure to comply with a good behaviour bond. The Division provides for the referral of offenders to the Drug Court for assessment (proposed section 8AA), allows the Drug Court to accept an offender into a drug program (proposed section 8AB), allows the Drug Court to permit an offender who is already in a drug program to remain in the program (proposed section 8AC) and allows the Drug Court to deal with an offender who it has not accepted into, or permitted to remain in, a drug program (proposed section 8AD). Items [1]-[7] and [9] are consequential amendments.
Section 98 of the Crimes (Sentencing Procedure) Act 1999 (proceedings for breach of good behaviour bond) allows action under that section to be taken by the court with which an offender has entered into a good behaviour bond or any other court of like jurisdiction. Schedule 6 [7] proposes to amend that section so as to allow such action to also be taken by any other court of superior jurisdiction. Item [10] amends section 24 of the Drug Court Act 1998 so as to provide that, for the purposes of section 98 of the Crimes (Sentencing Procedure) Act 1999 , the Drug Court is taken to be of like jurisdiction to the District Court and of superior jurisdiction to a Local Court.