DRUG COURT (TREATMENT AND REHABILITATION OF OFFENDERS) ACT

ARRANGEMENT OF SECTIONS

   1   Short title and commencement

   2   Interpretation

   3   Objects of Act

   4   Declaration and jurisdiction of Drug Court

   5   Eligible persons

   6   Procedure after arrest for relevant offence

   7   Persons who may be brought directly before Drug Court

   8   Assessment of offender and determination of relevant offence

   9   Jurisdiction of Drug Court

   10   Variation of conditions

   11   Reports

   12   Termination of programme

   13   Procedure on termination

   14   Register

   15   Arrest warrant

   16   Immunity from prosecution for certain offences

   17   Provision of information

   18   Regulations

      SCHEDULE

 

THE DRUG COURT (TREATMENT AND REHABILITATION OF OFFENDERS) ACT

[Date of Commencement: 15th January, 2001]

Act 40 of 1999.

1   Short title

   This Act may be cited as the Drug Court (Treatment and Rehabilitation of Offenders) Act.

2   Interpretation

   In this Act, unless the context otherwise requires-

   "approved treatment provider" means an individual or organisation approved by the Minister to carry out prescribed treatment programmes for the purposes of this Act;

   "drug" includes alcohol and any dangerous drug falling within Parts III, IIIA and IV of the Dangerous Drugs Act;

   "Drug Court" means the sitting of the Resident Magistrate's Court declared to be a Drug Court pursuant to section 4;

   "drug offender" means a person who is referred to the Drug Court under section 6 (2) (b) or brought before the Drug Court pursuant to section 7;

   "eligible person" means a person described in section 5;

   "regular sitting" means a sitting of the Resident Magistrate's Court other than the Drug Court;

   "prescribed treatment programme'' means a programme for treatment and supervision prescribed by the Drug Court pursuant to section 9;

   "relevant offence" means any offence triable by a Resident Magistrate.

3   Objects of Act

   The objects of this Act are to-

   (a)   reduce the incidence of drug use and dependence by persons whose criminal activities are found to be linked to such dependence;

   (b)   reduce the level of criminal activity that results from drug abuse;

   (c)   provide such assistance to those persons as will enable them to function as law abiding citizens.

4   Declaration and jurisdiction of action of Drug Court

   (1) The Resident Magistrate presiding in each parish shall declare a sitting of the Resident Magistrate's Court to be a Drug Court for the purposes of this Act.

   (2) The Drug Court shall be constituted in accordance with the provisions of the Schedule and when so constituted and sitting shall have the jurisdiction and powers conferred upon it by this Act.

5   Eligible persons

   A person is an eligible person for the purposes of this Act if-

   (a)   the person is charged with a relevant offence;

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   (b)   the person appears to be dependent on the use of drugs; and

   (c)   the person satisfies such other criteria as may be prescribed.

6   Procedure after arrest for relevant offence

   (1) Subject to section 7, where a person is arrested and charged with a relevant offence and the arresting officer has reasonable cause to believe that the person is dependent on any drug, the arresting officer shall include in the police report, a note of the facts giving rise to that belief.

   (2) As soon as practicable after the person is charged with the offence, the Clerk of Courts in the parish in which the person is arrested-

   (a)   shall review the police report and the person's criminal record; and

   (b)   may, if satisfied that the person is eligible, recommend to the Court that the person be referred to the Drug Court to be dealt with in accordance with section 8.

7   Persons who may be brought directly before Drug Court

   (1) A person who is arrested and charged with a relevant offence specified in subsection (3) shall be brought before the Drug Court to be dealt with in accordance with section 9.

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