27PHearing and determining certain offences

### 27P Hearing and determining certain offences > [*\[Section 27P Inserted by No. 21 of 2007, s. 5, Applied:20 Aug 2007\]*](/view/html/inforce/2007-08-20/act-2007-021#GS5@EN) > > > (1)  This section applies if an offender subject to a drug treatment order is charged with an offence, whether committed before or after the making of the order, and – > > > > > > (a) a court finds the offender guilty of the offence; and > > > > > > > (b) for the offence, the court imposes a sentence of imprisonment on the offender; and > > > > > > > (c) the court does not suspend the sentence, either in whole or in part; and > > > > > > > (d) the length of the sentence is less than the remaining length of the custodial part of the drug treatment order; and > > > > > > > (e) the offence is one for which the court could have made a drug treatment order if the offender were not already subject to such an order. > > > (2)  The court, in imposing the sentence, may order that it is subsumed within the custodial part of the drug treatment order. > > > (3)  However, unless [subsection (2)](#GS27P@Gs2@EN) applies, the court must cancel the treatment and supervision part of the drug treatment order under [paragraph (b)](#GS27O@Gs1@Hpb@EN) of [section 27O(1)](#GS27O@Gs1@EN) and take an action under [subparagraph (i)](#GS27O@Gs1@Hpb@Hqi@EN) or [(ii)](#GS27O@Gs1@Hpb@Hqii@EN) of that paragraph. > > > (4)  [*\[Section 27P Subsection (4) inserted by No. 48 of 2016, s. 17, Applied:08 Feb 2017\]*](/view/html/inforce/2017-02-08/act-2016-048#GS17@EN) Despite [subsection (3)](#GS27P@Gs3@EN) , a court constituted by a magistrate may only take, in accordance with that subsection, an action under [section 27O(1)(b)(ii)](#GS27O@Gs1@Hpb@Hqii@EN) in relation to a drug treatment order if the court made the order.