Australian Capital Territory Numbered Acts

SENTENCING (DRUG AND ALCOHOL TREATMENT ORDERS) LEGISLATION AMENDMENT ACT 2019 (NO. 31 OF 2019) - SECT 15

in part 3.2, insert

12A     Drug and alcohol treatment orders

    (1)     This section applies if—

        (a)     an offender pleads guilty to an eligible offence; and

Note     A reference to an offender in this section does not include a young offender (see s 8 (b)).

        (b)     the Supreme Court convicts the offender of the offence and imposes a sentence of imprisonment of at least 1 year but not more than 4 years; and

        (c)     the offender is not subject to a sentencing order for another offence.

    (2)     The court may make an order (a drug and alcohol treatment order ) that fully suspends a sentence of imprisonment for an eligible offence on condition that the offender agrees to complete a treatment program, but only if—

        (a)     the court is satisfied on the balance of probabilities that—

              (i)     the offender is dependent on alcohol or a controlled drug; and

              (ii)     the offender's dependency substantially contributed to the commission of the offence; and

              (iii)     the offender will live in the ACT for the term of the sentence except as directed by the court; and

        (b)     the court considers the order appropriate, taking into account—

              (i)     the relevant sentencing considerations applying to the offender; and

              (ii)     any information given to the court relating to the concerns of a victim about the victim's safety or welfare; and

              (iii)     the matters set out under section 80O; and

Note     Section 80O sets out the object of a drug and alcohol treatment order.

        (c)     the offender gives informed consent to the order being made after the offender is given—

              (i)     a clear explanation of the treatment order that contains sufficient information to enable the offender to make a balanced judgement about whether or not to consent to serve the sentence under the order; and

              (ii)     an opportunity to ask any questions about the order, and those questions have been answered and the offender appears to have understood the answers.

    (3)     If the court makes a treatment order for an offence (the primary offence ), the court may extend the order to an associated offence, but only if the total period of imprisonment liable to be served under any consecutive sentences imposed for all offences to which the order relates, is not more than 4 years.

    (4)     To remove any doubt––

        (a)     if the court extends a treatment order to an associated offence, the offender must not be subject to more than 1 treatment order for all offences at any particular time; and

        (b)     an associated offence to which the court extends a treatment order may be an offence for which the court imposes a sentence of imprisonment of less than 1 year; and

        (c)     sentences for multiple offences may be served concurrently or consecutively (or partly concurrently and partly consecutively), subject to subsection (3).

Note     Words in the singular number include the plural (see Legislation Act

, s 145 (b)).

    (5)     The court must not impose a lesser sentence of imprisonment on the offender than the circumstances of the offence would ordinarily require only to allow the court to make a treatment order.

    (6)     If the court makes a treatment order, the court must, as soon as practicable after the order is made, ensure that written notice of the order, together with a copy of the order, is given to the offender.

    (7)     Failure to comply with subsection (6) does not invalidate the treatment order.

    (8)     This section is subject to part 5.4A (Drug and alcohol treatment orders).

Note     A treatment order may not be made in relation to an offender who is under 18 years old (see s 46I).

    (9)     In this section:

"associated offence", for an extended treatment order, means an eligible offence—

        (a)     to which the offender pleads guilty; and

        (b)     for which the offender is sentenced to imprisonment; and

        (c)     dealt with in the same sentencing proceeding as the primary offence.

"eligible offence" means an offence that is not—

        (a)     a serious violence offence; or

        (b)     a sexual offence.

"sentencing order" means any of the following:

        (a)     an order for imprisonment by full-time detention;

        (b)     a suspended sentence order;

        (c)     an intensive correction order;

        (d)     a deferred sentence order;

        (e)     a parole order;

        (f)     an order under a law in force in Australia that corresponds to an order mentioned in paragraphs (a) to (e).

"serious violence offence" means an offence against any of the following provisions of the Crimes Act 1900

:

        (a)     section 12 (Murder);

        (b)     section 15 (Manslaughter);

        (c)     section 19 (Intentionally inflicting grievous bodily harm);

        (d)     section 20 (Recklessly inflicting grievous bodily harm).

"sexual offence" means an offence against the Crimes Act 1900

, part 3.