QLDIn ForceAct
Penalties and Sentences Act 1992
sec.151EWhen treatment order may be made
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### sec.151E When treatment order may be made
A court may make a treatment order for an offender only if—
the offender—
has pleaded guilty to an eligible offence; and
resides within the court district of the court; and
the court—
considers it would be appropriate to sentence the offender to a term of imprisonment for the eligible offence; and
has received a suitability assessment report for the offender; and
is satisfied the offender has a severe substance use disorder; and
considers the offender’s severe substance use disorder contributed to the commission of the eligible offence; and
considers it is appropriate in the circumstances to make the treatment order for the offender.
If an order of the Supreme Court or a District Court is in force that imposes a sentence on the offender for another offence, the court must have regard to the order in deciding whether or not it is appropriate to make a treatment order for the offender.
In this section—
court district , of a court, means the district within which the court is held, as provided for under the Justices Act 1886 , section 22B .
s 151E ins 2017 No. 41 s 35
(sec.151E-ssec.1) A court may make a treatment order for an offender only if— the offender— has pleaded guilty to an eligible offence; and resides within the court district of the court; and the court— considers it would be appropriate to sentence the offender to a term of imprisonment for the eligible offence; and has received a suitability assessment report for the offender; and is satisfied the offender has a severe substance use disorder; and considers the offender’s severe substance use disorder contributed to the commission of the eligible offence; and considers it is appropriate in the circumstances to make the treatment order for the offender.
(sec.151E-ssec.2) If an order of the Supreme Court or a District Court is in force that imposes a sentence on the offender for another offence, the court must have regard to the order in deciding whether or not it is appropriate to make a treatment order for the offender.
(sec.151E-ssec.3) In this section— court district , of a court, means the district within which the court is held, as provided for under the Justices Act 1886 , section 22B .
- (a) the offender— (i) has pleaded guilty to an eligible offence; and (ii) resides within the court district of the court; and
- (i) has pleaded guilty to an eligible offence; and
- (ii) resides within the court district of the court; and
- (b) the court— (i) considers it would be appropriate to sentence the offender to a term of imprisonment for the eligible offence; and (ii) has received a suitability assessment report for the offender; and (iii) is satisfied the offender has a severe substance use disorder; and (iv) considers the offender’s severe substance use disorder contributed to the commission of the eligible offence; and (v) considers it is appropriate in the circumstances to make the treatment order for the offender.
- (i) considers it would be appropriate to sentence the offender to a term of imprisonment for the eligible offence; and
- (ii) has received a suitability assessment report for the offender; and
- (iii) is satisfied the offender has a severe substance use disorder; and
- (iv) considers the offender’s severe substance use disorder contributed to the commission of the eligible offence; and
- (v) considers it is appropriate in the circumstances to make the treatment order for the offender.
- (i) has pleaded guilty to an eligible offence; and
- (ii) resides within the court district of the court; and
- (i) considers it would be appropriate to sentence the offender to a term of imprisonment for the eligible offence; and
- (ii) has received a suitability assessment report for the offender; and
- (iii) is satisfied the offender has a severe substance use disorder; and
- (iv) considers the offender’s severe substance use disorder contributed to the commission of the eligible offence; and
- (v) considers it is appropriate in the circumstances to make the treatment order for the offender.