sec.151YRequirements for revocation

### sec.151Y Requirements for revocation If the court revokes a treatment order— for a treatment order made for the offender in relation to an offence dealt with summarily under the Drugs Misuse Act 1986 , section 13A , the court must— order that the record of the conviction for the offence be revoked; and For the effect of not recording a conviction, see section 12 . vacate the offender’s treatment order; and under the Justices Act 1886 , section 113 , commit the offender to the District Court for sentence, even though section 104 (2) (b) of that Act has not been complied with; or otherwise—the court may deal with the offender as if the offender had just been convicted of the eligible offence for which the treatment order was made. However, in imposing a term of imprisonment on the offender under subsection (1) , the court— must reduce the term of imprisonment by any period of imprisonment served by the offender under the custodial part of the treatment order; and can not impose a term of imprisonment that, together with any imprisonment served under the treatment order, exceeds the sentence of imprisonment that was imposed under the custodial part of the treatment order; and must have regard to the extent to which the offender has otherwise complied with the treatment order. s 151Y ins 2017 No. 41 s 35 (sec.151Y-ssec.1) If the court revokes a treatment order— for a treatment order made for the offender in relation to an offence dealt with summarily under the Drugs Misuse Act 1986 , section 13A , the court must— order that the record of the conviction for the offence be revoked; and For the effect of not recording a conviction, see section 12 . vacate the offender’s treatment order; and under the Justices Act 1886 , section 113 , commit the offender to the District Court for sentence, even though section 104 (2) (b) of that Act has not been complied with; or otherwise—the court may deal with the offender as if the offender had just been convicted of the eligible offence for which the treatment order was made. (sec.151Y-ssec.2) However, in imposing a term of imprisonment on the offender under subsection (1) , the court— must reduce the term of imprisonment by any period of imprisonment served by the offender under the custodial part of the treatment order; and can not impose a term of imprisonment that, together with any imprisonment served under the treatment order, exceeds the sentence of imprisonment that was imposed under the custodial part of the treatment order; and must have regard to the extent to which the offender has otherwise complied with the treatment order. - (a) for a treatment order made for the offender in relation to an offence dealt with summarily under the Drugs Misuse Act 1986 , section 13A , the court must— (i) order that the record of the conviction for the offence be revoked; and Note— For the effect of not recording a conviction, see section 12 . (ii) vacate the offender’s treatment order; and (iii) under the Justices Act 1886 , section 113 , commit the offender to the District Court for sentence, even though section 104 (2) (b) of that Act has not been complied with; or - (i) order that the record of the conviction for the offence be revoked; and Note— For the effect of not recording a conviction, see section 12 . - (ii) vacate the offender’s treatment order; and - (iii) under the Justices Act 1886 , section 113 , commit the offender to the District Court for sentence, even though section 104 (2) (b) of that Act has not been complied with; or - (b) otherwise—the court may deal with the offender as if the offender had just been convicted of the eligible offence for which the treatment order was made. - (i) order that the record of the conviction for the offence be revoked; and Note— For the effect of not recording a conviction, see section 12 . - (ii) vacate the offender’s treatment order; and - (iii) under the Justices Act 1886 , section 113 , commit the offender to the District Court for sentence, even though section 104 (2) (b) of that Act has not been complied with; or - (a) must reduce the term of imprisonment by any period of imprisonment served by the offender under the custodial part of the treatment order; and - (b) can not impose a term of imprisonment that, together with any imprisonment served under the treatment order, exceeds the sentence of imprisonment that was imposed under the custodial part of the treatment order; and - (c) must have regard to the extent to which the offender has otherwise complied with the treatment order.