27BCourt may make drug treatment order

27B Court may make drug treatment order

[Section 27B Inserted by No. 21 of 2007, s. 5, Applied:20 Aug 2007]

(1)  A court may make a drug treatment order in respect of an offender if –

(a) it finds the offender guilty of one or more imprisonable offences other than –

(i) sexual offences; or

(ii) offences involving the infliction of actual bodily harm that, in the court's opinion, was not minor harm; and

(b) it is satisfied on the balance of probabilities that –

(i) the offender has a demonstrable history of illicit drug use; and

(ii) illicit drug use contributed to the commission of the imprisonable offence or offences; and

(c) it considers that, were it not making the drug treatment order –

(i) it would have sentenced the offender to a term of imprisonment; and

(ii) it would not have suspended the sentence, either in whole or in part; and

(d) it has received and considered a drug treatment order assessment report on the offender; and

(e) the offender is not subject to –

(i) [Section 27B Subsection (1) amended by No. 48 of 2016, s. 9, Applied:08 Feb 2017] .  .  .  .  .  .  .  .  

(ii) a parole order under the Corrections Act 1997 ; or

(iii) another drug treatment order; and

(f) no proceedings are pending against the offender, in any court, for –

(i) sexual offences; or

(ii) offences involving the infliction of actual bodily harm.