27DDrug treatment order assessment report

### 27D Drug treatment order assessment report > [*\[Section 27D Inserted by No. 21 of 2007, s. 5, Applied:20 Aug 2007\]*](/view/html/inforce/2007-08-20/act-2007-021#GS5@EN) > > > (1)  A court that is considering making a drug treatment order in respect of a defendant must – > > > > > > (a) order a drug treatment order assessment report on the defendant; and > > > > > > > (b) adjourn the proceedings to enable a court diversion officer to provide the report. > > > (2)  The purpose of the report is to establish whether the defendant is a suitable subject for a drug treatment order, and, if so, make recommendations to the court on what program conditions to attach to the treatment and supervision part of the order. > > > (3)  The report may set out such of the following matters as, on investigation, appear to its authors to be relevant to its purpose and are readily ascertainable: > > > > > > (a) the age of the defendant; > > > > > > > (b) the social history and background of the defendant; > > > > > > > (c) the defendant's history of drug use; > > > > > > > (d) the defendant's medical, psychological and psychiatric history and condition, including details of any treatment the defendant has undergone for drug or alcohol dependency; > > > > > > > (e) the defendant's educational background; > > > > > > > (f) the defendant's employment history; > > > > > > > (g) the circumstances of any other offences, known to the court, of which the defendant has been found guilty; > > > > > > > (h) the extent of the defendant's compliance with any sentence currently in force in respect of the defendant; > > > > > > > (i) the defendant's financial circumstances; > > > > > > > (j) any special needs of the defendant. > > > (4)  The report is to include such other matters, relevant to the defendant, as the court may direct. > > > (5)  Also, if the authors of the report consider that the defendant may be a suitable subject for a drug treatment order, the report is to advise on programs, courses and treatments that may be able to address the defendant's drug use problem and other social needs. > > > (6)  The authors of the report must file it with the court within such time as the court directs. > > > (7)  Within a reasonable time after the report is filed, and before the drug treatment order is made, the court must ensure that a copy of the report is given to – > > > > > > (a) the prosecutor; and > > > > > > > (b) the defendant's legal representative or, if the defendant is not legally represented, the defendant. > > > (8)  The prosecution or defence may dispute all or any part of the report. > > > (9)  If the whole or any part of the report is disputed, the court must not take the disputed report or disputed part into consideration in making the drug treatment order unless the disputing party has been given the opportunity to – > > > > > > (a) cross-examine the authors of the report on the disputed matters; and > > > > > > > (b) lead evidence on the disputed matters. > > > (10)  If the court grants the defendant bail on an adjournment under [subsection (1)(b)](#GS27D@Gs1@Hpb@EN) , it must, for the purpose of facilitating the provision of the report, impose a condition of bail requiring the defendant to – > > > > > > (a) report to a court diversion officer, or to a specified person or body, within a specified period; and > > > > > > > (b) comply with any requirements of the court diversion officer or specified person or body.