27BCourt may make drug treatment order

### 27B Court may make drug treatment order > [*\[Section 27B Inserted by No. 21 of 2007, s. 5, Applied:20 Aug 2007\]*](/view/html/inforce/2007-08-20/act-2007-021#GS5@EN) > > > (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) [*\[Section 27B Subsection (1) amended by No. 48 of 2016, s. 9, Applied:08 Feb 2017\]*](/view/html/inforce/2017-02-08/act-2016-048#GS9@Hpa@EN) .  .  .  .  .  .  .  .   > > > > > > > > > > > (ii) a parole order under the [Corrections Act 1997](/view/html/inforce/2026-04-12/act-1997-051) ; 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. > > > (2)  The court may make the drug treatment order regardless of whether – > > > > > > (a) the offender's illicit drug use contributed to the offender breaching, on one or more previous occasions, a sentencing order or bail conditions; or > > > > > > > (b) the offender has been previously sentenced to one or more terms of imprisonment. > > > (3)  However, the court must not make the drug treatment order unless – > > > > > > (a) it is satisfied in all the circumstances that it is appropriate to do so; and > > > > > > > (b) it is satisfied that the facilities likely to be used for the treatment and supervision part of the order are reasonably accessible to the offender; and > > > > > > > (ba) [*\[Section 27B Subsection (3) amended by No. 48 of 2016, s. 9, Applied:08 Feb 2017\]*](/view/html/inforce/2017-02-08/act-2016-048#GS9@Hpb@EN) it is satisfied that – > > > > > > > > > > (i) there are sufficient staff, in respect of a facility that is likely to be used for the treatment and supervision part of the order, to be able to provide the treatment and supervision; and > > > > > > > > > > > (ii) there will be sufficient staff and resources to enable treatment and supervision of the offender to be provided when he or she is not being treated in the facility; and > > > > > > > (c) the offender agrees in writing to the making of the order and to comply with the treatment and supervision part of the order.