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]

(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) applies, the court must cancel the treatment and supervision part of the drug treatment order under paragraph (b) of section 27O(1) and take an action under subparagraph (i) or (ii) of that paragraph.

(4)  [Section 27P Subsection (4) inserted by No. 48 of 2016, s. 17, Applied:08 Feb 2017] Despite subsection (3) , a court constituted by a magistrate may only take, in accordance with that subsection, an action under section 27O(1)(b)(ii) in relation to a drug treatment order if the court made the order.