18BCourts to refer eligible convicted offenders to Drug Court

#### 18B Courts to refer eligible convicted offenders to Drug Court 18B Courts to refer eligible convicted offenders to Drug Court > > (1) This section applies to such courts as are prescribed by the regulations. > > > (2) It is the duty of a court to which this section applies that sentences a person to imprisonment or which, on determining an appeal, confirms a sentence of imprisonment imposed on the person by some other court (whether or not on the same terms as the other court)— > > > > > (a) to ascertain whether there are grounds on which the Drug Court might find the person to be an eligible convicted offender, and > > > > > (b) if so, to refer the person to the Drug Court to determine whether the person should be the subject of a compulsory drug treatment order. > > > (2A) The duty imposed on a court by this section does not apply to a court on determining an appeal (an appeal court) if the person whose sentence is confirmed in the appeal is already the subject of a compulsory drug treatment order as a consequence of a referral made to the Drug Court by the court that imposed the sentence confirmed by the appeal court. > > > (2B) However, if the person whose sentence is confirmed by the appeal court is not already the subject of a compulsory drug treatment order, the duty imposed by this section applies to the appeal court, whether or not the court that imposed the sentence confirmed by the appeal court referred the person to the Drug Court under this section. > > > (3) The duty imposed on a court by this section is to be exercised as soon as practicable after the person is sentenced to imprisonment or the appeal is dealt with. > > > (4) The registrar or clerk of a court that refers a person to the Drug Court under this section must give to the registrar of the Drug Court such documents and materials prescribed by the regulations relating to the person as are requested by that registrar. > > > (5) No appeal lies against a court’s decision to refer or not to refer a person to the Drug Court for a determination as to whether the person should be the subject of a compulsory drug treatment order. > > > (6) For the purposes of this section, an appeal includes an application for annulment of sentence in so far as it relates to a decision referred to in subsection (5). > > **s 18B:** Ins 2004 No 42, Sch 1 \[6\]. Am 2005 No 103, Sch 3 \[1\] \[2\].