27OCommission of certain offences

### 27O Commission of certain offences > [*\[Section 27O Inserted by No. 21 of 2007, s. 5, Applied:20 Aug 2007\]*](/view/html/inforce/2007-08-20/act-2007-021#GS5@EN) > > > (1)  [*\[Section 27O Subsection (1) amended by No. 48 of 2016, s. 16, Applied:08 Feb 2017\]*](/view/html/inforce/2017-02-08/act-2016-048#GS16@Hpa@EN) If a court is satisfied beyond reasonable doubt that an offender has failed to comply with a condition of a drug treatment order (including such an order made by another court) by committing an offence punishable by a term of imprisonment exceeding 12 months, the court must – > > > > > > (a) take one of the actions under [section 27M(1)](#GS27M@Gs1@EN) as though the offender had failed to comply with any other condition of the order; or > > > > > > > (b) cancel the treatment and supervision part of the order and, after taking into account the extent of the offender's compliance with that part – > > > > > > > > > > (i) make an order activating some or all of the custodial part of the drug treatment order; or > > > > > > > > > > > (ii) [*\[Section 27O Subsection (1) amended by No. 48 of 2016, s. 16, Applied:08 Feb 2017\]*](/view/html/inforce/2017-02-08/act-2016-048#GS16@Hpb@EN) subject to [subsection (2A)](#GS27O@Gs2A@EN) , cancel the custodial part of the drug treatment order and, other than by making an order under [section 7(a)](#GS7@Hpa@EN) , deal with the offender for each offence in respect of which the drug treatment order was made in any way in which it could deal with the offender had it just found the offender guilty of each such offence. > > > (2)  The court may act under [subsection (1)](#GS27O@Gs1@EN) on its own motion or on the application of – > > > > > > (a) a police officer or prosecutor; or > > > > > > > (b) a court diversion officer. > > > (2A)  [*\[Section 27O Subsection (2A) inserted by No. 48 of 2016, s. 16, Applied:08 Feb 2017\]*](/view/html/inforce/2017-02-08/act-2016-048#GS16@Hpc@EN) A court constituted by a magistrate may only take action under [subsection (1)(b)(ii)](#GS27O@Gs1@Hpb@Hqii@EN) in relation to a drug treatment order if the court made the order. > > > (3)  Before the court cancels the treatment and supervision part of the drug treatment order under [subsection (1)](#GS27O@Gs1@EN) , whether or not it also cancels the custodial part, it must give the offender an opportunity to make a submission on the matter. > > > (4)  To avoid doubt, if under this section the court cancels the treatment and supervision part or custodial part of the drug treatment order, any earlier orders activating the custodial part of the drug treatment order cease to have effect forthwith.