s. 18ZR (b) if the appeal is against the custodial part of S. 18ZR(4)(b) the drug treatment order, re-instate that part amended by No. 68/2009 set aside by it under section 256(2)(a) or s. 97(Sch. section 259(2)(a) of that Act (as the case item 110.31 (b)). requires) or vary the drug treatment order by increasing or reducing the length of the sentence of imprisonment. (5) On the hearing of an appeal under section 254 S. 18ZR(5) amended by or 257 of the Criminal Procedure Act 2009 No. 68/2009 against a sentence imposed by the Magistrates' s. 97(Sch. item 110.32). Court (other than the Drug Court) at a particular venue of that Court, if the County Court considers that the making of a drug treatment order may be appropriate, it may refer the matter to the Drug Court at that or another venue for consideration of the making of such an order, with or without any direction in law. (6) However, if the offender has a usual place of residence, the County Court may only refer a matter under subsection (5) to the at a venue if the offender's usual place of residence is within a postcode area specified, in relation to that venue, by the Minister by notice published in the Government Gazette. (7) Despite anything to the contrary in the Magistrates' Court Act 1989, a venue of the Magistrates' Court to which a matter is referred under subsection (5) is the proper venue of that Court in relation to that matter for the purposes of that Act. S. 18ZR(8) (8) If a matter is referred to the Drug Court under amended by subsection (5) but the Drug Court determines not No. 68/2009 s. 97(Sch. to make a drug treatment order, the Drug Court item 110.33). must remit the matter to the County Court for the making of any order under section 256(2)(a) or section 259(2)(a) of the Criminal Procedure Act
S. 18ZR(4)(b) amended by No. 68/2009 s. 97(Sch. item 110.31 (b)). (b) if the appeal is against the custodial part of the drug treatment order, re-instate that part set aside by it under section 256(2)(a) or section 259(2)(a) of that Act (as the case requires) or vary the drug treatment order by increasing or reducing the length of the sentence of imprisonment. S. 18ZR(5) amended by No. 68/2009 s. 97(Sch. item 110.32). (5) On the hearing of an appeal under section 254 or 257 of the Criminal Procedure Act 2009 against a sentence imposed by the Magistrates' Court (other than the Drug Court) at a particular venue of that Court, if the County Court considers that the making of a drug treatment order may be appropriate, it may refer the matter to the Drug Court at that or another venue for consideration of the making of such an order, with or without any direction in law. s. 18ZR (6) However, if the offender has a usual place of residence, the County Court may only refer a matter under subsection (5) to the at a venue if the offender's usual place of residence is within a postcode area specified, in relation to that venue, by the Minister by notice published in the Government Gazette. (7) Despite anything to the contrary in the Magistrates' Court Act 1989, a venue of the Magistrates' Court to which a matter is referred under subsection (5) is the proper venue of that Court in relation to that matter for the purposes of that Act. S. 18ZR(8) amended by No. 68/2009 s. 97(Sch. item 110.33). (8) If a matter is referred to the Drug Court under subsection (5) but the Drug Court determines not to make a drug treatment order, the Drug Court must remit the matter to the County Court for the making of any order under section 256(2)(a) or section 259(2)(a) of the Criminal Procedure Act