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18ZP Cancellation

(1)The Drug Court may cancel the treatment and supervision part of a drug and alcohol treatment order if it is satisfied on the balance of probabilities that—

S. 18ZP(1) amended by No. 43/2020 s. 28(1).

(a)before the order was made, the offender's circumstances were not accurately presented to either the Drug Court or the author of the drug and alcohol treatment order assessment report on the offender; or

S. 18ZP(1)(a) amended by No. 43/2020 s. 28(1).S. 18ZP(2)(a) amended by No. 43/2020 s. 28(1).

(b)the offender will not be able to comply with a condition attached to the order because the circumstances of the offender have materially changed since the order was made; or

S. 18ZP(2)(b) amended by No. 43/2020 s. 28(1).Note to s. 18ZP(2)(b) amended by No. 43/2020 s. 28(1).S. 18ZP(3)(b) substituted by No. 43/2020 s. 28(2).S. 18ZP(4)(b) substituted by No. 43/2020 s. 28(3).

(c)the offender is no longer willing to comply with one or more conditions attached to the order; or

(d)the continuation of the treatment and supervision part of the order is not likely to achieve one or more of the purposes for which the order was made; or

(e)the offender has breached an order under subsection 18ZL(1)(c), (d) or (e).

The Drug Court may also cancel the treatment and supervision part of the order under section 18ZK or 18ZN.

(2)When cancelling the treatment and supervision part of the order under subsection (1), the Drug Court must, after taking into account the extent to which the offender complied with that part of the order, take one of the following actions—

(a)make an order activating some or all of the custodial part of the drug and alcohol treatment order;

(b)cancel the custodial part of the drug and alcohol treatment order and deal with the offender for each offence in respect of which the drug and alcohol treatment order was made in any way in which the Drug Court could deal with the offender if it had just convicted him or her of each offence, other than by making an order under section 7(1)(a).

Section 18ZE sets out how much of the custodial part of a drug and alcohol treatment order can be activated.

(3)The Drug Court may take an action under subsection (1) or (2) on its own initiative or on the application of—

(a)the offender; or

(b)the informant, the police prosecutor, or the prosecution (as the case requires); or

(c)a prescribed person or a person in a prescribed class of persons.

(4)Before the Drug Court cancels the treatment and supervision part of a drug and alcohol treatment order (whether or not it also cancels the custodial part), notice of the hearing concerning the cancellation must be given to—and the Drug Court may order that a warrant to arrest be issued against the offender if he or she does not attend for the hearing.

S. 18ZP(4) amended by No. 43/2020 s. 28(1).

(a)the offender; and

(b)the informant, the police prosecutor, or the prosecution (as the case requires); and

(c)the prescribed person or the person in the prescribed class of persons—

(4A)If notice of the hearing concerning the cancellation of the treatment and supervision part of a drug and alcohol treatment order—then the treatment and supervision part of the drug and alcohol treatment order is suspended and the period between the failure to attend the hearing and the day on which the offender does attend the Drug Court for the hearing does not count in calculating the period for which that part of the order operates.

S. 18ZP(4A) inserted by No. 30/2005 s. 8(2), amended by No. 43/2020 s. 28(1).

(a)has been given to the offender or has been, to the satisfaction of the Drug Court, attempted to be given to the offender but the attempt is not successful; and

(b)the offender does not attend for the hearing—

(5)To avoid doubt, if the Drug Court cancels the treatment and supervision part or custodial part of a drug and alcohol treatment order under this section, any earlier orders activating the custodial part of the order cease to have effect.

S. 18ZP(5) amended by No. 43/2020 s. 28(1).