Penalties and Sentences Act 1992

If the court revokes a treatment order—

for a treatment order made for the offender in relation to an offence dealt with summarily under the Drugs Misuse Act 1986, section 13A, the court must—

order that the record of the conviction for the offence be revoked; and

vacate the offender’s treatment order; and

under the Justices Act 1886, section 113, commit the offender to the District Court for sentence, even though section 104(2)(b) of that Act has not been complied with; or

otherwise—the court may deal with the offender as if the offender had just been convicted of the eligible offence for which the treatment order was made.

However, in imposing a term of imprisonment on the offender under subsection (1), the court—

must reduce the term of imprisonment by any period of imprisonment served by the offender under the custodial part of the treatment order; and

can not impose a term of imprisonment that, together with any imprisonment served under the treatment order, exceeds the sentence of imprisonment that was imposed under the custodial part of the treatment order; and

must have regard to the extent to which the offender has otherwise complied with the treatment order.