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Act index » Part 3 - Sentences » Division 2 - Custodial orders Subdivision (1)—Imprisonment
18Z When drug and alcohol treatment order can be made
(a)an offender pleads guilty to an offence that is within the jurisdiction of the Magistrates' Court or the County Court (as the case requires) and punishable on conviction by imprisonment, other than—
(i)if the proceeding is in the Magistrates' Court, a sentence of imprisonment; or
(ii)if the proceeding is in the County Court, a sentence of imprisonment of no more than 4 years; and
(da)the Drug Court considers that, had it been appropriate to impose a sentence described in paragraph (d), the Drug Court would not have suspended that sentence in whole or in part; and
S. 18Z(1)(da) inserted by No. 43/2020 s. 12(2)(c).
(a)the offender's drug or alcohol dependency contributed on one or more previous occasions to the offender—
(i)committing an offence of which the offender was convicted or found guilty; or
(ii)failing to comply with the conditions of bail or of a sentence; or
(b)the offender has been previously sentenced to one or more terms of imprisonment.
(5)Despite subsection (1)(a)(ii), the Division of the Magistrates' Court may make a drug and alcohol treatment order in respect of an offender where the offence involved the infliction of actual bodily harm if it is satisfied that the harm was of a minor nature.