sec.122AParticular proceedings for minor drugs offences

### sec.122A Particular proceedings for minor drugs offences This section applies to a proceeding for an offence against this Act that is a minor drugs offence as defined in the Police Powers and Responsibilities Act 2000 , section 378B . However, this section applies only if the person charged with having committed the minor drugs offence pleads guilty to the offence. The court may, if the person is eligible under the Police Powers and Responsibilities Act 2000 , chapter 14 , part 4 , division 5 to be offered an opportunity to participate in a drug diversion assessment program within the meaning of that Act, order the person to participate in, and complete, a drug diversion assessment program as directed by a police officer. For working out whether the person is eligible under the Police Powers and Responsibilities Act 2000 , chapter 14 , part 4 , division 5 — section 378A (1) (d) of that Act applies as if a reference to a police officer were a reference to the court; and sections 379 (1) (a) and (4) and 379AA (4) of that Act do not apply. Before making the order, the court must inform the defendant that if the court makes the order and the defendant fails to participate in and complete the drug diversion assessment program, the defendant will be dealt with by the court as if the order had not been made. The court may also make any other order the court considers appropriate for ensuring the defendant’s participation in the drug diversion assessment program, including an order requiring the provider of the drug diversion assessment program to give the court a report about the defendant’s participation in and completion of the drug diversion assessment program. On the making of the orders under this section the proceeding against the defendant is adjourned until a date fixed by the court or a date to be fixed. s 122A ins 2006 No. 26 s 106 amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2023 No. 11 s 5 (sec.122A-ssec.1) This section applies to a proceeding for an offence against this Act that is a minor drugs offence as defined in the Police Powers and Responsibilities Act 2000 , section 378B . (sec.122A-ssec.2) However, this section applies only if the person charged with having committed the minor drugs offence pleads guilty to the offence. (sec.122A-ssec.3) The court may, if the person is eligible under the Police Powers and Responsibilities Act 2000 , chapter 14 , part 4 , division 5 to be offered an opportunity to participate in a drug diversion assessment program within the meaning of that Act, order the person to participate in, and complete, a drug diversion assessment program as directed by a police officer. (sec.122A-ssec.4) For working out whether the person is eligible under the Police Powers and Responsibilities Act 2000 , chapter 14 , part 4 , division 5 — section 378A (1) (d) of that Act applies as if a reference to a police officer were a reference to the court; and sections 379 (1) (a) and (4) and 379AA (4) of that Act do not apply. (sec.122A-ssec.5) Before making the order, the court must inform the defendant that if the court makes the order and the defendant fails to participate in and complete the drug diversion assessment program, the defendant will be dealt with by the court as if the order had not been made. (sec.122A-ssec.6) The court may also make any other order the court considers appropriate for ensuring the defendant’s participation in the drug diversion assessment program, including an order requiring the provider of the drug diversion assessment program to give the court a report about the defendant’s participation in and completion of the drug diversion assessment program. (sec.122A-ssec.7) On the making of the orders under this section the proceeding against the defendant is adjourned until a date fixed by the court or a date to be fixed. - (a) section 378A (1) (d) of that Act applies as if a reference to a police officer were a reference to the court; and - (b) sections 379 (1) (a) and (4) and 379AA (4) of that Act do not apply.