Section 19Part 3 — Procedure for Dealing with Drug Offenders
Procedure on termination
←→ Navigate · Click subsection badges to collapse · Press ? for help
As soon as may be reasonably practicable after the termination of a prescribed treatment programme, the drug offender shall be brought before the Drug Court to be dealt with in accordance with subsection (2) or (3), as the case may require.
If the drug offender has successfully completed the prescribed treatment programme, the Drug Court shall discharge the drug offender in relation to the relevant offence and that discharge may be either absolute or conditional as the Drug Court thinks fit.
If the drug offender has failed to complete the prescribed treatment programme, the Drug Court may —
if sentencing was deferred pursuant to section 11(2) —
refer the relevant offence to a regular sitting for sentence;
defer referring the relevant offence to a regular sitting and remand the drug offender in custody or on bail for a period not exceeding eight weeks, for the purpose of determining whether the circumstances of the case warrant the making of an order requiring the drug offender to undergo a new prescribed treatment programme; or
where the Drug Court considers that the circumstances of the case so warrant, make an order requiring the drug offender to undergo a new prescribed treatment programme for such period and subject to such conditions as the Drug Court may, on the recommendation of an approved treatment provider after consultation with a probation officer, specify;
if the imposition of a sentence was deferred pursuant to section 13(4), refer the matter back to the regular sitting for the imposition of any sentence which could have been imposed for the relevant offence; or
where a matter is referred back for sentence pursuant to paragraph (b), in its discretion remand the drug offender in custody or on bail pending appearance before the regular sitting.
Subject to subsection (5), a conviction in respect of a relevant offence shall not form part of the criminal record of any person who successfully completes a prescribed treatment programme.
Subsection (4) shall not apply in any case where a person is convicted of a relevant offence on more than two occasions.
Notwithstanding the provisions of the Criminal Procedure Code (2014 Revision), no appeal shall lie from a decision of the Drug Court under this section referring a person back to a regular sitting.
Defined Terms
prescribed treatment programmedrug offenderDrug Courtrelevant offenceapproved treatment provider
Cross References
- Section of Criminal Procedure Code
Criminal Procedure Code (2014 Revision)