27MContravention of order

27M Contravention of order

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

(1)  [Section 27M Subsection (1) amended by No. 48 of 2016, s. 15, Applied:08 Feb 2017] If a court is satisfied that an offender has failed to comply with a condition of a drug treatment order (including such an order made by another court), other than by committing an offence punishable by a term of imprisonment exceeding 12 months, the court must take one of the following actions:

(a) confirm the treatment and supervision part of the drug treatment order;

(b) vary the treatment and supervision part of the drug treatment order;

(c) make an order requiring the offender to perform up to 20 hours of community work under the supervision of the offender's case manager;

(d) subject to section 27N , order that the custodial part of the drug treatment order is activated for a specified period, of not less than one day and not more than 7 days, to be served in prison.

(2)  In deciding which action to take under subsection (1) , the court must –

(a) consider each of the actions in the order in which they appear; and

(b) [Section 27M Subsection (2) amended by No. 48 of 2016, s. 15, Applied:08 Feb 2017] only take the first action that it considers to be appropriate in the circumstances –

[Section 27M Subsection (2) amended by No. 48 of 2016, s. 15, Applied:08 Feb 2017] unless the court is satisfied, having regard to information available to the court as to the therapeutic value of the actions that it may take under subsection (1) , that taking another action under subsection (1) is more likely to achieve the purpose or purposes of a drug treatment order set out in section 27C .

(3)  However, the court may only act under subsection (1)(d) if it is satisfied beyond reasonable doubt that the offender has failed to comply with the relevant condition.