s.13Powers of Drug Court
13
Section 13Part 3 — Procedure for Dealing with Drug Offenders

Powers of Drug Court

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The Drug Court may act in accordance with subsection (2) in relation to a person referred to it under this Law, if the Court is satisfied that —
the person is an eligible person;
having regard to the person's antecedents, it would be appropriate for the person to participate in a prescribed treatment programme;
the person accepts the conditions to be imposed by the Drug Court (whether immediately or at some later date) in relation to his participation in a prescribed treatment programme;
the person has been informed of the Drug Court's powers under this Law and of the respective consequences of the person's compliance or non-compliance with a prescribed treatment programme; and
an approved drug treatment centre and facilities to supervise and control the person's participation in such a programme are available, and have been allocated to the person, in accordance with the regulations.
The Drug Court shall make an order —
requiring the drug offender to undergo a prescribed treatment programme and to comply with the conditions imposed by the Drug Court pursuant to paragraph (b); and
imposing such conditions (in this Law referred to as "specified conditions"), including any of the provisions of section 14, as the Drug Court deems fit in relation to the drug offender's participation in the prescribed treatment programme.
Where the Drug Court makes an order under subsection (2), it shall inform the drug offender of the consequences of any failure to comply with the specified conditions.
The Drug Court may make an order under subsection (2) in relation to a person referred to the Drug Court by a regular sitting under section 4(3) and where the person has been convicted of a relevant offence before a regular sitting, the regular sitting shall defer imposition of the sentence during the period for which that order is in force.
Where the Drug Court makes an order under subsection (2), the drug offender to whom it relates shall be required to signify his consent in writing to participate in the prescribed treatment programme, and to comply with the specified conditions, including, where applicable, a condition that the drug offender undergo drug tests at such times as are specified in the order.
Notwithstanding the provisions of the Criminal Procedure Code (2014 Revision), no appeal shall lie from an order of the Drug Court made under this section.

Defined Terms

Drug Courteligible personprescribed treatment programmespecified conditionsdrug offenderapproved drug treatment centre

Cross References