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Crimes (Sentencing) Act 2005
80UCourt may remit proceeding
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80U Court may remit proceeding
(a) the court declines to make a treatment order for a particular
(b) the offence for which the offender is to be sentenced could have
been dealt with summarily by the Magistrates Court; and
(c) the offender was committed to the court only because the
offender refused consent to the offence being dealt with
summarily by the Magistrates Court.
(2) The offender or the director of public prosecutions may apply to the
court for an order to remit the proceeding for the offence to the
Magistrates Court.
(3) The court must make the order if it is satisfied that the offender
refused consent to the offence being dealt with summarily for the
purpose of seeking assessment for a treatment order.
(4) The court may otherwise make the order if it is satisfied the order is
in the interests of justice.
Division 5.4A.4 Drug and alcohol treatment orders—content
(5) If the court makes an order under this section, the court must, as soon
(6) Failure to comply with subsection (5) does not invalidate the order.
Division 5.4A.4 Drug and alcohol treatment orders—
content