treatment and supervision part of the order, the appeal does not operate as a stay of the drug treatment order, unless the County Court so orders. (3) For the purposes of Part 6.1 of Chapter 6 of the S. 18ZR(3) amended by Criminal Procedure Act 2009 an order under No. 68/2009 this Subdivision activating some or all of the s. 97(Sch. item 110.30). custodial part of a drug treatment order is taken to be a sentence imposed by the . (4) Despite subsection (1), on the hearing of an appeal S. 18ZR(4) amended by under section 254 or 257 of the Criminal No. 68/2009 Procedure Act 2009 against a drug treatment s. 97(Sch. item 110.31 order made by the , the County Court may— (a)). (a) re-instate the drug treatment order set aside S. 18ZR(4)(a) amended by by it under section 256(2)(a) or No. 68/2009 section 259(2)(a) of that Act (as the case s. 97(Sch. item 110.31 requires); or (b)). (b) if the appeal is against the custodial part of S. 18ZR(4)(b) amended by the drug treatment order, re-instate that part No. 68/2009 set aside by it under section 256(2)(a) or s. 97(Sch. item 110.31 section 259(2)(a) of that Act (as the case (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.
treatment and supervision part of the order, the appeal does not operate as a stay of the drug treatment order, unless the County Court so orders. S. 18ZR(3) amended by No. 68/2009 s. 97(Sch. item 110.30). (3) For the purposes of Part 6.1 of Chapter 6 of the Criminal Procedure Act 2009 an order under this Subdivision activating some or all of the custodial part of a drug treatment order is taken to be a sentence imposed by the . S. 18ZR(4) amended by No. 68/2009 s. 97(Sch. item 110.31 (a)). (4) Despite subsection (1), on the hearing of an appeal under section 254 or 257 of the Criminal Procedure Act 2009 against a drug treatment order made by the , the County Court may— S. 18ZR(4)(a) amended by No. 68/2009 s. 97(Sch. item 110.31 (b)). (a) re-instate the drug treatment order set aside by it under section 256(2)(a) or section 259(2)(a) of that Act (as the case requires); or 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.
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