106MProgression and regression between stages of detention

#### 106M Progression and regression between stages of detention 106M Progression and regression between stages of detention > > (1) After an offender has served his or her sentence in closed detention (Stage 1) for a period of at least 6 months, the Drug Court may order that the offender progress to semi-open detention (Stage 2). > > > (2) After an offender has served his or her sentence in semi-open detention (Stage 2) for a period of at least 6 months, the Drug Court may order that the offender progress to community custody (Stage 3). > > > (3) If the Drug Court is satisfied, on the balance of probabilities, that an offender has failed to comply in a serious respect with any condition of the offender’s compulsory drug treatment personal plan, the Drug Court may order that an offender— > > > > > (a) serving a sentence in semi-open detention (Stage 2) regress to closed detention (Stage 1), or > > > > > (b) serving a sentence in community custody (Stage 3) regress to closed detention (Stage 1) or semi-open detention (Stage 2), as the Drug Court sees fit. > > > (4) The regulations may make provision for or with respect to the criteria to be used by the Drug Court in determining whether to make a progression or regression order under this section. > > > (5) No appeal lies against the Drug Court’s decision to make a progression or regression order under this section. > > **s 106M:** Ins 2004 No 42, Sch 3 \[4\].