7APersons accepted into program in relation to offence

7A Persons accepted into program in relation to offence

7A Persons accepted into program in relation to offence

(1) This section applies to a person who has been referred to the Drug Court under section 6.

(2) The Drug Court may deal with a person under this section in relation to an offence if, and only if, it is satisfied as to each of the following matters—

(a) that the person is an eligible person,

(b) that the person has pleaded guilty to the offence (whether before the referring court or the Drug Court) and has been found guilty of the offence,

(c) that, having regard to the person’s antecedents, it would be appropriate for the person to participate in a program under this Act,

(d) that facilities to supervise and control the person’s participation in such a program are available, and have been allocated to the person, in accordance with the guidelines prescribed by the regulations,

(e) that the person accepts the conditions imposed by this Act and the conditions that the Drug Court proposes to impose on the person (whether immediately or at some later date) as a consequence of his or her conviction and sentence under this section,

(f) that the person has been informed of the Drug Court’s powers under Division 2 and of the respective consequences, as regards the sentence to be imposed under section 12, of the person’s compliance or non-compliance with a program,

(g) that any person (an affected person) with whom it is likely the person would reside during the period of the person’s participation in a program under this Act has consented in writing to the person residing with the affected person during that period.

(3) Subject to subsection (4), the Drug Court deals with a person under this section in relation to an offence by convicting the person and sentencing the person in accordance with the Crimes (Sentencing Procedure) Act 1999.

(4) Sections 44–48 of the Crimes (Sentencing Procedure) Act 1999 do not apply to the conviction and sentencing of a person under this section.

(5) On or within 14 days after sentencing the person, the Drug Court—