15Sentences imposed by Drug Court

#### 15 Sentences imposed by Drug Court 15 Sentences imposed by Drug Court > > (1) The sentences that may be imposed by the Drug Court under this Part are as follows— > > > > > (a) in the case of an indictable offence (including an indictable offence for which an election to have the offence dealt with on indictment has been duly made under Chapter 5 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209)), any penalty that could have been imposed by the District Court had the offence been dealt with on indictment by the District Court, > > > > > (b) in the case of a summary offence (including an indictable offence for which an election to have the offence dealt with on indictment has not been duly made under Chapter 5 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209)), any penalty that could have been imposed by the Local Court had the offence been dealt with summarily by the Local Court. > > > (2) Except for the purposes of the [Criminal Appeal Act 1912](/view/html/inforce/current/act-1912-016), a person sentenced by the Drug Court for an offence referred to in subsection (1) (a) is taken to have been convicted of the offence on indictment. > > > (3) The provisions of section 58 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) do not apply to a sentence imposed on a person under this Act by the Drug Court as referred to in subsection (1) (b) if that sentence is imposed for an offence committed while the person was participating in a program under this Act. > > > (4) The provisions of Division 3 (Taking further offences into account) of Part 3 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) apply in relation to a relevant conviction of a person for an offence as if— > > > > > (a) the person had been charged, but not convicted, of the offence, and > > > > > (b) the person had admitted guilt for the offence for the purposes of section 33 (2) (a) (i) of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092). > > > (5) In this section, relevant conviction of a person for an offence means the conviction of the person by a court (other than the Drug Court) for the offence under any of the following provisions for which the person has not been sentenced by that court— > > > > > (a) section 75B of the [Justices Act 1902](/view/html/repealed/current/act-1902-027), > > > > > (b) section 196 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) (as inserted by the [Criminal Procedure Amendment (Justices and Local Courts) Act 2001](/view/html/repealed/current/act-2001-119)). > > **s 15:** Am 1999 No 94, Sch 4.18 \[4\]; 2001 No 121, Sch 2.87 \[5\]; 2002 No 93, Sch 1 \[10\]; 2007 No 94, Sch 2.