Page 3806 - Week 11 - Tuesday, 24 September 2019

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(4) To remove any doubt––

(a) if the court extends a treatment order to an associated offence, the offender must not be subject to more than 1 treatment order for all offences at any particular time; and

(b) an associated offence to which the court extends a treatment order may be an offence for which the court imposes a sentence of imprisonment of less than 1 year; and

(c) sentences for multiple offences may be served concurrently or consecutively (or partly concurrently and partly consecutively), subject to subsection (3).

Note  Words in the singular number include the plural (see Legislation Act, s 145 (b)).

6

Clause 14

Proposed new section 12A (9), new definition of associated offence

Page 13, line 7––

insert

associated offence, for an extended treatment order, means an eligible offence—

(a) to which the offender pleads guilty; and

(b) for which the offender is sentenced to imprisonment; and

(c) dealt with in the same sentencing proceeding as the primary offence.

7

Clause 19

Proposed new part 5.4A, new section 80TA

Page 25, line 11—

insert

80TA Court may remit proceeding

(1) This section applies if—

(a) the court declines to make a treatment order for a particular offender; and

(b) the offence for which the offender is to be sentenced could have been dealt with summarily by the Magistrates Court; and

(c) the offender was committed to the court only because the offender refused consent to the offence being dealt with summarily by the Magistrates Court.

(2) The offender or the director of public prosecutions may apply to the court for an order to remit the proceeding for the offence to the Magistrates Court.

(3) The court must make the order if it is satisfied that the offender refused consent to the offence being dealt with summarily for the purpose of seeking assessment for a treatment order.

(4) The court may otherwise make the order if it is satisfied the order is in the interests of justice.

(5) 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—

(a) the offender; and

(b) any other person who the court considers should receive the notice.

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