5Definition of “eligible person”

#### 5 Definition of “eligible person” 5 Definition of “eligible person” > > (1) A person is an eligible person if— > > > > > (a) the person is charged with an offence, other than an offence referred to in subsection (2), and > > > > > (b) the facts alleged in connection with the offence, together with the person’s antecedents and any other information available to the court, indicate that it is highly likely that the person will, if convicted, be required to serve a sentence of full-time imprisonment, and > > > > > (c) the person has pleaded guilty to, or indicated that he or she intends to plead guilty to, the offence, and > > > > > (d) the person appears to be dependent on the use of prohibited drugs (within the meaning of the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226)) or other drugs prescribed by the regulations, and > > > > > (e) the person satisfies such other criteria as are prescribed by the regulations. > > > (2) A person is not an eligible person if the person is charged with— > > > > > (a) an offence punishable under Division 2 of Part 2 of the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226), not being an offence that (under Chapter 5 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209)) is capable of being dealt with summarily, or > > > > > (b) an offence involving violent conduct or sexual assault, or > > > > > (c) any other offence of a kind prescribed by the regulations. > > **s 5:** Am 1999 No 47, Sch 1 \[1\]; 1999 No 94, Sch 4.18 \[1\]; 2001 No 121, Sch 2.87 \[3\].