Crimes (Sentencing) Act 2005

This section applies if—

an offender to whom a treatment order applies commits an offence against a law in force in Australia or elsewhere (a further offence) while subject to the order; and

the further offence is punishable by imprisonment; and

the court—

convicts the offender of the further offence; or

is satisfied that the offender was convicted by another court, in the ACT or elsewhere, of the further offence.

If the offender is not subject to a sentencing order for the further offence, the court may—

make no order in relation to the treatment order; or

give the offender a warning about the need to comply with the offender’s treatment order obligations; or

make an order amending the treatment and supervision part of the order; or

make an order cancelling the treatment order.

If the offender is subject to a sentencing order for the further offence, the court must make an order cancelling the treatment order.

A sentence of imprisonment suspended under a treatment order is not part of a suspended sentence order (see s 12 (7)).

If the court cancels a treatment order under subsection (2) (d) or (3), the court must either—

impose the sentence of imprisonment that was suspended under the custodial part of the treatment order; or

if the court considers it appropriate in the circumstances—resentence the offender for each offence in relation to which the treatment order was made and in any way in which the court could deal with the offender if it had convicted the offender of each offence at the time of resentencing, other than by making an order under section 12A (Drug and alcohol treatment orders).

If the court orders the imposition of a sentence of imprisonment under this section, the court—

must order that the offender serve all or part of the sentence by full-time detention at a correctional centre; and

may reduce the sentence by any period served in custody under the treatment and supervision part of the treatment order, taking into account the extent to which the offender complied with that part of the order.

The court may make an order under this section on its own initiative or on application by—

the offender; or

the director of public prosecutions; or

a member of the treatment and supervision team; or

a person prescribed by regulation.

If the court makes an order under this section, the court must, as soon as practicable after the order is made, ensure that written notice of the order, together with a copy of the order, is given to—

the offender; and

any other person the court considers should receive the notice.

Failure to comply with subsection (7) does not invalidate the treatment order.

In this section: