s.12Assessment of drug offender and determination of relevant offence
12
Section 12Part 3 — Procedure for Dealing with Drug Offenders

Assessment of drug offender and determination of relevant offence

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A person referred to the Drug Court under this Law shall enter a plea to the offence with which he is charged, and where he enters a guilty plea in respect of the offence, the person shall be assessed by an approved treatment provider who, after consultation with a probation officer —
shall make a recommendation to the Drug Court as to the person's suitability for participation in a prescribed treatment programme; and
shall furnish to the Drug Court, a plan of that prescribed treatment programme.
Where —
based upon an assessment made by an approved treatment provider after consultation with a probation officer, a person is not considered suitable by the Drug Court for participation in a prescribed treatment programme;
a person is not willing to be dealt with by the Drug Court; or
a person enters a plea of not guilty to the offence with which he is charged,
the relevant offence in relation to that person shall be heard and determined in a regular sitting, and the Drug Court may by order remand the person in custody or on bail and refer the person back to the regular sitting.
If the Drug Court makes an order referring a person back to the regular sitting, the proceedings against the person are to be continued before the regular sitting at a time and place specified in the order, as if —
the person had not been referred to the Drug Court; and
the proceedings had merely been adjourned to the time and place 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 referring a person back to a regular sitting.

Defined Terms

Drug Courtapproved treatment providerprescribed treatment programmerelevant offence

Cross References