7Courts may refer persons to Drug Court during proceedings for failure to comply with conditions of good behaviour bond

7 Courts may refer persons to Drug Court during proceedings for failure to comply with conditions of good behaviour bond

7 Courts may refer persons to Drug Court during proceedings for failure to comply with conditions of good behaviour bond

(1) This section applies—

(a) in relation to a person who is, at the time of his or her appearance in court, participating in a program into which he or she has been accepted as a result of previous proceedings under this Act—to any court before which such a person appears, or

(b) in relation to any other person—to such courts and proceedings as are prescribed by the regulations.

(2) It is the duty of a court before whom an offender appears under section 98 of the Crimes (Sentencing Procedure) Act 1999 (as previously in force but continuing to apply under clause 76 (3) of Schedule 2 to that Act) in connection with an alleged failure to comply with the conditions of a good behaviour bond imposed under section 12 of that Act (as previously in force)—

(a) to ascertain whether the person appears to be an eligible person, and

(b) if so, to ascertain whether the person is willing to be referred to the Drug Court to be dealt with for the alleged failure, and

(c) if so, to refer the person to the Drug Court to be dealt with for the alleged failure.

(3) The power conferred on a court by this section is to be exercised as soon as practicable after the person’s first appearance before the court in relation to the alleged failure.

(4) This section does not apply to an offender who, at the time of his or her appearance before the court, is in custody under a sentence of full-time imprisonment.

s 7: Am 1999 No 47, Sch 1 [4]–[8]; 2002 No 93, Sch 1 [3]–[5]; 2003 No 27, Sch 9 [3]–[5]; 2005 No 11, Sch 3.11 [1]. Subst 2006 No 107, Sch 1.14 [7]. Am 2017 No 53, Sch 4.17 [1].