Queensland Consolidated Acts

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DRUG COURT ACT 2000 - SECT 16

16 Referral for assessment

(1) If the drug court magistrate (the referring magistrate) decides to refer the person for assessment, the referring magistrate may adjourn the proceedings and--

(a) remand the person in custody to appear before a drug court magistrate; or
(b) release the person on bail to appear before a drug court magistrate.

(2) If the referring magistrate adjourns the proceedings, the referring magistrate must require the chief executive (corrective services) to prepare and submit to a drug court magistrate, within the time allowed by the referring magistrate, a pre-sentence report under the Corrective Services Act 2006, section 344 that contains--

(a) an assessment of the person's suitability for rehabilitation; and
(b) if the person is suitable, a proposed rehabilitation program.

(3) Also, if the referring magistrate adjourns the proceedings, the referring magistrate must require the chief executive (health) to prepare and submit to a drug court magistrate, within the time allowed by the referring magistrate, a written report (an assessment report) containing an assessment of the person by an appropriately qualified health professional.

(4) If the referring magistrate releases the person on bail, the grant of bail must be made subject to the condition that, for the purpose of preparing the pre-sentence report and assessment report, the person--

(a) reports to an authorised corrective services officer within a stated time; and
(b) reports to other persons at the times and places directed by an authorised corrective services officer, including to an appropriately qualified health professional decided by the chief executive (health) for assessment.

(5) If the referring magistrate remands the person in custody, the chief executive (corrective services) must ensure the person--

(a) is assessed by an appropriately qualified health professional decided by the chief executive (health); and
(b) appears before a drug court magistrate to be dealt with as required by the drug court magistrate.


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