27SMotions to review

### 27S Motions to review > [*\[Section 27S Inserted by No. 21 of 2007, s. 5, Applied:20 Aug 2007\]*](/view/html/inforce/2007-08-20/act-2007-021#GS5@EN) > > > (1)  [*\[Section 27S Subsection (1) amended by No. 48 of 2016, s. 21, Applied:08 Feb 2017\]*](/view/html/inforce/2017-02-08/act-2016-048#GS21@Hpa@EN) On the hearing of a motion to review a sentencing order made by a court constituted by a magistrate, the Supreme Court may itself make a drug treatment order. > > > (2)  For a sentencing order made by a court constituted by a magistrate, [Part XI of the](/view/html/inforce/2026-04-12/act-1959-077#HPXI@EN) [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) applies with the following modifications: > > > > > > (a) a motion to review does not lie against – > > > > > > > > > > (i) a refusal to make a drug treatment order; or > > > > > > > > > > > (ii) a finding that an offender has failed to comply with a condition of a drug treatment order; or > > > > > > > > > > > (iii) the variation of the treatment and supervision part of a drug treatment order; or > > > > > > > > > > > (iv) the cancellation of the treatment and supervision part, or the custodial part, of a drug treatment order; > > > > > > > (b) if a motion to review concerns the custodial part of a drug treatment order, and not its treatment and supervision part, the motion does not operate as a stay of the treatment and supervision part of the order unless the Supreme Court so orders. > > > (3)  For the purposes of [section 7](#GS7@EN) , an order under this Part activating some or all of the custodial part of a drug treatment order is taken to be a sentencing order. > > > (4)  [*\[Section 27S Subsection (4) amended by No. 48 of 2016, s. 21, Applied:08 Feb 2017\]*](/view/html/inforce/2017-02-08/act-2016-048#GS21@Hpb@EN) If, on the hearing of a motion to review a sentencing order made by a court constituted by a magistrate, the Supreme Court considers that the making of a drug treatment order may be appropriate, it may make such an order under this Part or, with or without directions, refer the matter to that court to consider the making of such an order. > > > (5)  If a court to which a matter is referred under [subsection (4)](#GS27S@Gs4@EN) determines not to make a drug treatment order, it must remit the matter to the Supreme Court for the making of an order under [section 7](#GS7@EN) . > > > (6)  If a court to which a matter is referred under [subsection (4)](#GS27S@Gs4@EN) makes a drug treatment order – > > > > > > (a) the order has effect for [section 7](#GS7@EN) as if it were a sentencing order made by the Supreme Court on the hearing of the motion to review; but > > > > > > > (b) for all other purposes has effect as an order made by a magistrate.