Provisional breach of treatment order—offender in custody
80ZC Provisional breach of treatment order—offender in custody
This section applies if the court is satisfied that an offender to whom a treatment order applies—
has been charged with an offence against a law in force in Australia or elsewhere; and
is in custody waiting for criminal proceedings for the offence to be decided.
The court must make an order provisionally suspending the treatment and supervision part of the order until—
the offender is no longer in custody for the offence; or
the court makes an order under this division cancelling the treatment order.
Time served by the offender on remand for the offence counts toward the sentence imposed under the custodial part of the treatment order.
The court may review a treatment order at any time and for any reason if it is in the interests of justice (see s 80ZH).
In this section:
in custody means—
remanded in custody under a law in force in Australia or elsewhere; or
detained at a place under the Mental Health Act 2015, or a corresponding law in force in Australia or elsewhere.
This Act’s bill:Explanatory statementSecond reading speech
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