Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies when an offender's rehabilitation program ends--
(a) if the offence for which the offender's intensive drug rehabilitation order was made was a prescribed drug offence--because the offender has successfully completed the rehabilitation program under the order; or
(b) if the offence for which the offender's intensive drug rehabilitation order was made was not a prescribed drug offence--for any reason unless a new rehabilitation program is included in the offender's intensive drug rehabilitation order under section 35A.
(2) The magistrate must reconsider the offender's initial sentence, vacate the intensive drug rehabilitation order and impose a final sentence.
(3) When reconsidering the initial sentence, the magistrate must consider the extent to which the offender participated in his or her rehabilitation program, including, for example--
(a) whether any rewards or sanctions were given to or imposed on the offender; and
(b) if sanctions were imposed on the offender that included the imposition of a term of imprisonment under section 32(1)(f), the number and length of the terms imposed.
(4) The final sentence may be--
(a) for a prescribed drug offence--any sentence that a magistrate could impose for an offence against the Drugs Misuse Act 1986 on proceedings taken summarily under section 13 of that Act; or
(b) for any other relevant offence--any sentence that the magistrate could have imposed for the offence.
Note to subsection (4)--
See also the Criminal Code, section 552H(1)(b) for an express extension of a drug court magistrate's power to impose a maximum penalty of 4 years imprisonment on summary conviction under section 552A, 552B or 552BA of the Code.
(5) The magistrate must revoke the conviction recorded for the offence--
(a) if the Penalties and Sentences Act 1992, section 16 or 22 applies; or
(b) otherwise, if the magistrate has a discretion not to record a conviction and decides not to record a conviction.
(6) If the magistrate sentences the offender to serve a term of imprisonment with or without suspending the sentence, the term of imprisonment must not be greater than the term imposed in the initial sentence.
(7) It is declared that in applying the Penalties and Sentences Act 1992, section 159A, to a sentence for a term of imprisonment imposed on an offender under this section, time spent in custody under this Act, other than under section 32(1)(f), is taken to be imprisonment already served under the sentence.