27RSecond anniversary review

27R Second anniversary review

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

(1)  This section applies if the treatment and supervision part of a drug treatment order is not cancelled under section 27L , 27O or 27Q within the 2-year period immediately following the making of the order.

(2)  [Section 27R Subsection (2) amended by No. 48 of 2016, s. 20, Applied:08 Feb 2017] As soon as practicable after the 2-year period, a court constituted by a magistrate must review the treatment and supervision part to determine whether, notwithstanding any other provision of this Part, it should continue to operate.

(3)  The court may conduct the review in the same manner as a case conference convened under section 27I and, if it does so, subsections (2) , (3) and (4) of that section apply, with necessary modifications, to the review.

(4)  [Section 27R Subsection (4) substituted by No. 48 of 2016, s. 20, Applied:08 Feb 2017] On completion of a review in relation to a drug treatment order, the court must –

(a) if the court that made the order was constituted by a magistrate, cancel the treatment and supervision part of the order and exercise the court's powers under section 27Q(2) ; or

(b) if the Supreme Court or the Court of Criminal Appeal made the order, provide to the court that made the order a report in relation to the review.

(5)  [Section 27R Subsection (5) inserted by No. 48 of 2016, s. 20, Applied:08 Feb 2017] A court that is provided under subsection (4)(b) with a report in relation to an order must cancel the treatment and supervision part of the order and exercise the court's powers under section 27Q(2) .