Section 10Part 3 — Procedure for Dealing with Drug Offenders
Procedure after arrest for relevant offence other than a scheduled offence
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Where a person is arrested and charged with a relevant offence, other than a scheduled offence, and the arresting officer has reasonable cause to believe that the person is dependent on any drug, the arresting officer shall include in the police report, a note of the facts giving rise to that belief.
As soon as practicable after the person is charged with the offence, the Director of Public Prosecutions —
may review the police report and the person's criminal record; and
may, if satisfied that the person is eligible, recommend to a magistrate or Judge, as the case may be, that the person be referred to the Drug Court to be dealt with in accordance with section 12.
A magistrate or a Judge may —
in his discretion; or
pursuant to a recommendation by the Director of Public Prosecutions under subsection (2)(b),
by order direct that the person charged be referred to the Drug Court to be dealt with in accordance with section 12.
The Drug Court may, on the recommendation of the Director of Public Prosecutions in relation to a person referred to it under subsection (3), defer the imposition of a sentence for the offence after a guilty plea.
Defined Terms
relevant offencescheduled offenceeligible personDrug Court