{"kind":"expression","expression":{"expr_id":"67","doc_id":"67","label":"2015 Revision","is_as_enacted":"f","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/act\/2006\/8\/eng@2015-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/2006\/8\", \"expression\": \"\/akn\/ky\/act\/2006\/8\/eng@2015-01-01\", \"manifestation\": \"\/akn\/ky\/act\/2006\/8\/eng@2015-01-01.pdf\"}, \"pdf\": {\"md5\": \"018fc0d5bc3862862b41acef3ab74db6\", \"path\": \"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2006\/2006-0008\/2006-0008_2015 Revision.pdf\", \"pages\": 21, \"filename\": \"2006-0008_2015 Revision.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 5811, \"paragraph_count\": 30, \"text_char_count\": 37055}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"Drug Rehabilitation Court Law 18. 19. Part IV \u2013 Miscellaneous Provisions 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. SCHEDULE OFFENCES IN RESPECT OF WHICH A MAGISTRATE OR A JUDGE MAY DIRECT THAT A PERSON BE REFERRED TO THE DRUG COURT Drug Rehabilitation Court Law (2015 Revision) DRUG REHABILITATION COURT LAW (2015 Revision) ENACTED by the Legislature of the Cayman Islands. Part I - Preliminary\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title 1. This Law may be cited as the Drug Rehabilitation Court Law (2015 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Definitions and Interpretation 2. (1) In this Law \u2014 \u201capproved drug treatment centre\u201d means any house, building, enclosure or place, or any part thereof, declared to be a drug treatment centre by the Cabinet under section 9; \u201capproved treatment provider\u201d means \u2014 (a) the department of Government responsible for Drug Counselling Services; or (b) an individual or organisation approved by the Cabinet to carry out prescribed treatment programmes for the purposes of this Law; \u201cChief Clerk\u201d means the person appointed, under section 7 of the Grand Court Law (2015 Revision), as Clerk of the Grand Court; \u201cdrug\u201d includes alcohol and any controlled drug specified in the Schedule 1 to the Misuse of Drugs Law (2014 Revision); Drug Rehabilitation Court Law \u201cDrug Court\u201d means \u2014 (a) the sitting of a summary court declared to be a Drug Rehabilitation Court pursuant to section 3(1); or (b) the sitting of the Grand Court declared to be a Drug Rehabilitation Court pursuant to section 3(2), as the case may be; \u201cdrug offender\u201d means a person who is referred to the Drug Court under section 4(3), 10 or 11; \u201cDuty Counsel\u201d means the person appointed under section 7(3); \u201celigible person\u201d means a person described in section 8; \u201cJudge\u201d means a Judge of the Grand Court; \u201cmagistrate\u201d means a person appointed or acting under section 6 of the Summary Jurisdiction Law (2015 Revision); \u201cprescribed treatment programme\u201d means a programme for treatment and supervision ordered by the Drug Court pursuant to section 13; \u201cprison\u201d means any place prescribed under the Prisons Law, 1975 [Law 14 of 1975] for the confinement of prisoners; \u201cprisoner\u201d has the meaning assigned to that expression in the Prisons Law 1975; \u201cprobation officer\u201d means a person appointed to be a probation officer under the provisions of the Alternative Sentencing Law (2008 Revision) or any Law repealing and replacing those provisions; \u201cregular sitting\u201d means \u2014 (a) a sitting of the summary court, other than the Drug Court; or (b) a sitting of the Grand Court, other than the Drug Court, as the case may be; \u201cregulations\u201d means regulations made by the Cabinet under section 29; \u201crelevant offence\u201d means \u2014 (a) any offence triable summarily (other than an offence of possession with intent to supply a drug listed in Schedule 1 to the Misuse of Drugs Law (2014 Revision) where the offender was not also a consumer of the drug to which the offence relates); (b) any offence of theft, handling stolen goods, robbery or burglary triable upon indictment under the Penal Code (2013 Revision); or (c) any scheduled offence, but \u201crelevant offence\u201d does not include an offence involving violent conduct or sexual assault; Drug Rehabilitation Court Law (2015 Revision) \u201crules\u201d means rules made by the Chief Justice under section 28; \u201cscheduled offence\u201d means an offence specified in the Schedule; \u201cspecified conditions\u201d has the meaning assigned to that expression in section 13(2)(b); and \u201csummary court\u201d means a court of summary jurisdiction constituted under the Summary Jurisdiction Law (2015 Revision). (2) Any reference in this Law to the Director of Public Prosecutions includes a reference to any attorney-at-law in the Office of the Director of Public Prosecutions. Part II - Drug Rehabilitation Court\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Declaration of Drug Court by Chief Justice 3. (1) The Chief Justice may declare any sitting of the summary court to be a Drug Rehabilitation Court for the purposes of this Law. (2) The Chief Justice may declare any sitting of the Grand Court to be a Drug Rehabilitation Court for the purposes of this Law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Jurisdiction of Drug Court 4. (1) The Drug Court has the following jurisdiction \u2014 (a) when sitting pursuant to section 3(1), the criminal jurisdiction of the summary court; and (b) when sitting pursuant to section 3(2), the criminal jurisdiction of the Grand Court, and such other jurisdiction as is vested in the Drug Court by this or any other Law. (2) For the purpose of enabling it to exercise its jurisdiction, the Drug Court has the following functions \u2014 (a) when sitting pursuant to section 3(1), all of the functions of a summary court that are exercisable in relation to its criminal jurisdiction, including all the functions exercisable by a magistrate under the Summary Jurisdiction Law (2015 Revision); and (b) when sitting pursuant to section 3(2), all of the functions of the Grand Court that are exercisable in relation to its criminal jurisdiction in a case where an accused person has elected under section 129 of the Criminal Procedure Code (2014 Revision) to be tried by a Judge alone, and such other functions as are conferred or imposed on it by or under this or any other Law. Drug Rehabilitation Court Law (3) Notwithstanding section 3, a regular sitting may in its discretion stay proceedings relating to a person before the regular sitting and refer the person to the Drug Court to be dealt with by the Drug Court.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Sittings of Drug Court 5. (1) Where a sitting of the Grand Court is declared to be a sitting of the Drug Court, it shall be presided over by a Judge without a jury. (2) Two or more sittings of the Drug Court may be held at the same time.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Court proceedings 6. (1) This section applies to proceedings before the Drug Court in the exercise of its jurisdiction under this Law. (2) Proceedings before the Drug Court are to be conducted \u2014 (a) in accordance with the directions of the Judge or magistrate presiding in the proceedings; and (b) subject to paragraph (a), with as little formality and technicality and with as much expedition, as the requirements of the Law, the regulations, the rules and the proper consideration of the matters before the Drug Court permit. (3) The procedure of the Drug Court shall not be vitiated by reason of any failure to observe relevant rules of evidence. (4) The Drug Court may adjourn its proceedings from time to time.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Drug Court officers 7. (1) A registrar and such other public officers as are necessary may be appointed for assisting the Chief Clerk for the proper administration of this Law. (2) The Chief Clerk, the registrar and any other public officers appointed for the purpose, may exercise \u2014 (a) such of the administrative functions of the Drug Court as may be respectively prescribed by the regulations or rules; (b) such of the functions of the Clerk of Court or other officer of the Grand Court as are relevant to the exercise by the Drug Court of the criminal jurisdiction of the Grand Court; and (c) such of the functions of the Clerk of Court or other officer of the summary court as are relevant to the exercise by the Drug Court of the criminal jurisdiction of the summary court. (3) Without prejudice to the provisions of the Legal Aid Law (1999 Revision), the Chief Justice may appoint for each Drug Court a suitable attorney-at-law, who shall be called a Duty Counsel, on such terms and conditions (including remuneration) as the Chief Justice may decide. Drug Rehabilitation Court Law (2015 Revision) (4) A Duty Counsel shall be the legal advisor and legal advocate for a drug offender who is not otherwise legally represented; and, where an attorney-atlaw has been appointed as Duty Counsel for a drug offender, the Duty Counsel may represent the drug offender unless the drug offender chooses to represent himself. Part III \u2013 Procedure for Dealing with Drug Offenders\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Eligible persons 8. A person is an eligible person for the purposes of this Law if \u2014 (a) the person is not under the age of seventeen years; (b) the person is charged with a relevant offence; (c) the person appears to be dependent on the use of drugs; and (d) the person satisfies such other criteria as may be prescribed.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Approved drug treatment centres 9. The Cabinet may by order \u2014 (a) declare any house, building, enclosure or place, or any part thereof, to be an approved drug treatment centre for the purposes of supervising and controlling a drug offender\u2019s participation in a prescribed treatment programme under this Law; and the Cabinet may in that order declare the name by which the approved drug treatment centre shall be known; or (b) declare that an approved drug treatment centre shall cease to be an approved drug treatment centre; and as from the date of the publication of that order or such other date as may be specified in that order, the approved drug treatment centre shall cease to be an approved drug treatment centre.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Procedure after arrest for relevant offence other than a scheduled offence 10. (1) Where a person is arrested and charged with a relevant offence, other than a scheduled 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 Director of Public Prosecutions \u2014 (a) may review the police report and the person\u2019s criminal record; and (b) may, if satisfied that the person is eligible, recommend to a magistrate or Judge, as the case may be, that the person be referred to the Drug Court to be dealt with in accordance with section 12. Drug Rehabilitation Court Law (3) A magistrate or a Judge may \u2014 (a) in his discretion; or (b) pursuant to a recommendation by the Director of Public Prosecutions under subsection (2)(b), by order direct that the person charged be referred to the Drug Court to be dealt with in accordance with section 12. (4) The Drug Court may, on the recommendation of the Director of Public Prosecutions in relation to a person referred to it under subsection (3), defer the imposition of a sentence for the offence after a guilty plea.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Procedure after arrest for scheduled offence 11. (1) Where a person is arrested and charged with a relevant offence that is a scheduled offence, the Director of Public Prosecutions may, if satisfied that the person is eligible, recommend to a magistrate or Judge, as the case may be, that the person be referred to the Drug Court to be dealt with in accordance with section 12. (2) A magistrate or a Judge may \u2014 (a) in his discretion; or (b) pursuant to a recommendation by the Director of Public Prosecutions under subsection (1), by order direct that the person charged be referred to the Drug Court to be dealt with in accordance with section 12. (3) The Drug Court may, on the recommendation of the Director of Public Prosecutions in relation to a person referred to it under subsection (2), defer the imposition of a sentence for the offence after a guilty plea.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Assessment of drug offender and determination of relevant offence 12. (1) A person referred to the Drug Court under this Law shall enter a plea to the offence with which he is charged, and where he enters a guilty plea in respect of the offence, the person shall be assessed by an approved treatment provider who, after consultation with a probation officer \u2014 (a) shall make a recommendation to the Drug Court as to the person\u2019s suitability for participation in a prescribed treatment programme; and (b) shall furnish to the Drug Court, a plan of that prescribed treatment programme. (2) Where \u2014 (a) based upon an assessment made by an approved treatment provider after consultation with a probation officer, a person is not considered suitable by the Drug Court for participation in a prescribed treatment programme; Drug Rehabilitation Court Law (2015 Revision) (b) a person is not willing to be dealt with by the Drug Court; or (c) a person enters a plea of not guilty to the offence with which he is charged, the relevant offence in relation to that person shall be heard and determined in a regular sitting, and the Drug Court may by order remand the person in custody or on bail and refer the person back to the regular sitting. (3) If the Drug Court makes an order referring a person back to the regular sitting, the proceedings against the person are to be continued before the regular sitting at a time and place specified in the order, as if \u2014 (a) the person had not been referred to the Drug Court; and (b) the proceedings had merely been adjourned to the time and place specified in the order. (4) Notwithstanding the provisions of the Criminal Procedure Code (2014 Revision), no appeal shall lie from an order of the Drug Court made under this section referring a person back to a regular sitting.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Powers of Drug Court 13. (1) The Drug Court may act in accordance with subsection (2) in relation to a person referred to it under this Law, if the Court is satisfied that \u2014 (a) the person is an eligible person; (b) having regard to the person\u2019s antecedents, it would be appropriate for the person to participate in a prescribed treatment programme; (c) the person accepts the conditions to be imposed by the Drug Court (whether immediately or at some later date) in relation to his participation in a prescribed treatment programme; (d) the person has been informed of the Drug Court\u2019s powers under this Law and of the respective consequences of the person\u2019s compliance or noncompliance with a prescribed treatment programme; and (e) an approved drug treatment centre and facilities to supervise and control the person\u2019s participation in such a programme are available, and have been allocated to the person, in accordance with the regulations. (2) The Drug Court shall make an order \u2014 (a) requiring the drug offender to undergo a prescribed treatment programme and to comply with the conditions imposed by the Drug Court pursuant to paragraph (b); and (b) imposing such conditions (in this Law referred to as \u201cspecified conditions\u201d), including any of the provisions of section 14, as the Drug Court deems fit in relation to the drug offender\u2019s participation in the prescribed treatment programme. Drug Rehabilitation Court Law (3) Where the Drug Court makes an order under subsection (2), it shall inform the drug offender of the consequences of any failure to comply with the specified conditions. (4) The Drug Court may make an order under subsection (2) in relation to a person referred to the Drug Court by a regular sitting under section 4(3) and where the person has been convicted of a relevant offence before a regular sitting, the regular sitting shall defer imposition of the sentence during the period for which that order is in force. (5) Where the Drug Court makes an order under subsection (2), the drug offender to whom it relates shall be required to signify his consent in writing to participate in the prescribed treatment programme, and to comply with the specified conditions, including, where applicable, a condition that the drug offender undergo drug tests at such times as are specified in the order. (6) Notwithstanding the provisions of the Criminal Procedure Code (2014 Revision), no appeal shall lie from an order of the Drug Court made under this section.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Conferral of rewards, or imposition of sanctions, upon drug offender 14. (1) Where, based upon an assessment made by an approved treatment provider after consultation with a probation officer, the Drug Court determines that a drug offender is maintaining a satisfactory level of compliance with a prescribed treatment programme, the Drug Court may make an order conferring any of the following rewards on the drug offender \u2014 (a) specified privileges; (b) an appropriate change in the frequency of counselling or other treatment; (c) a decrease in the degree of supervision to which the drug offender is subject; (d) a decrease in the frequency with which the drug offender is required to undergo testing for drugs; (e) a decrease in the amount of any monetary penalty payable to the Drug Court, as referred to in subsection (2)(e); and (f) a change in the nature of the vocational and social services attended by the drug offender or the frequency with which the drug offender is required to attend vocational and social services, and imposing conditions in respect of the rewards. (2) Where, based upon an assessment made by an approved treatment provider after consultation with a probation officer, the Drug Court determines that a drug offender is not maintaining a satisfactory level of compliance with a prescribed treatment programme, the Drug Court may make an order imposing any of the following sanctions on the drug offender \u2014 Drug Rehabilitation Court Law (2015 Revision) (a) withdrawal of privileges conferred on the drug offender pursuant to subsection (1)(a); (b) an appropriate change in the frequency of counselling or other treatment; (c) an increase in the degree of supervision to which the drug offender is subject; (d) an increase in the frequency with which the drug offender is required to undergo testing for drugs; (e) a requirement that the drug offender pay a monetary penalty to the Drug Court; (f) a requirement that the drug offender be subjected to imprisonment for up to fourteen days in respect of any one failure to comply with the requirement of the order; and (g) a change in the nature of the vocational and social services attended by the drug offender or the frequency with which the drug offender is required to attend vocational and social services, and imposing conditions in respect of the sanctions. (3) Any monetary penalty payable by a drug offender, as referred to in subsection (2)(e), is recoverable by the Chief Clerk of the Drug Court as a debt in any court of competent jurisdiction. (4) This section does not limit the conditions that may form part of a prescribed treatment programme apart from this section.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Statutory condition of prescribed treatment programme 15. It is a condition of a drug offender\u2019s prescribed treatment programme that the Drug Court may commit the drug offender to a prison for up to fourteen days at a time if, in the opinion of the Drug Court, such action is necessary to facilitate the assessment of the drug offender\u2019s participation in the prescribed treatment programme.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Variation and revocation of conditions 16. (1) The Drug Court may, from time to time, in accordance with a drug offender\u2019s prescribed treatment programme, on the recommendation of the approved treatment provider, vary or revoke the conditions imposed pursuant to section 13(2), 14 or 15. (2) Notwithstanding the provisions of the Criminal Procedure Code (2014 Revision), no appeal shall lie against any decision by the Drug Court to impose conditions pursuant to section 13(2), 14 or 15 or to vary or revoke the conditions of a drug offender\u2019s prescribed treatment programme under this section. Drug Rehabilitation Court Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Reports 17. (1) An approved treatment provider shall submit to the Drug Court, at such intervals as may be prescribed, a progress report in respect of each drug offender who participates in a prescribed treatment programme. (2) A report under subsection (1) shall include, in any case where the drug offender fails to comply with any directions given by the approved treatment provider or any specified condition, the nature of the non-compliance and the effect or likely effect on the offender\u2019s successful completion of the prescribed treatment programme.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Termination of prescribed treatment programme 18. (1) The Drug Court shall terminate a prescribed treatment programme in relation to a drug offender if \u2014 (a) the offender successfully completes the programme; (b) the offender requests the Drug Court to terminate the programme; or (c) based on the report of the approved treatment provider, the Drug Court is satisfied on the balance of probabilities that the drug offender has failed to comply with his prescribed treatment programme and that there is no useful purpose to be served by the drug offender\u2019s continued participation in the prescribed treatment programme. (2) Where a prescribed treatment programme is terminated, the records of any tests performed on the person concerned shall not be admissible in evidence in any proceedings against that person. (3) Without prejudice to the other circumstances in which a drug offender is taken to have failed to comply with his prescribed treatment programme, a drug offender is taken to have failed to comply with the prescribed treatment programme if he is charged and convicted before a court with any of the following offences \u2014 (a) any offence for which the punishment is prescribed in Part B of Schedule 2 to the Misuse of Drugs Law (2014 Revision), other than a relevant offence; (b) any offence involving violent conduct or sexual assault; (c) any offence against the Firearms Law (2008 Revision); or (d) any other offence prescribed by regulations made under this Law. (4) Notwithstanding the provisions of the Criminal Procedure Code (2014 Revision), no appeal shall lie in relation to any action taken or decision made by the Drug Court under this section to terminate a prescribed treatment programme. Drug Rehabilitation Court Law (2015 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Procedure on termination 19. (1) As soon as may be reasonably practicable after the termination of a prescribed treatment programme, the drug offender shall be brought before the Drug Court to be dealt with in accordance with subsection (2) or (3), as the case may require. (2) If the drug offender has successfully completed the prescribed treatment programme, the Drug Court shall discharge the drug offender in relation to the relevant offence and that discharge may be either absolute or conditional as the Drug Court thinks fit. (3) If the drug offender has failed to complete the prescribed treatment programme, the Drug Court may \u2014 (a) if sentencing was deferred pursuant to section 11(2) \u2014 (i) refer the relevant offence to a regular sitting for sentence; (ii) defer referring the relevant offence to a regular sitting and remand the drug offender in custody or on bail for a period not exceeding eight weeks, for the purpose of determining whether the circumstances of the case warrant the making of an order requiring the drug offender to undergo a new prescribed treatment programme; or (iii) where the Drug Court considers that the circumstances of the case so warrant, make an order requiring the drug offender to undergo a new prescribed treatment programme for such period and subject to such conditions as the Drug Court may, on the recommendation of an approved treatment provider after consultation with a probation officer, specify; (b) if the imposition of a sentence was deferred pursuant to section 13(4), refer the matter back to the regular sitting for the imposition of any sentence which could have been imposed for the relevant offence; or (c) where a matter is referred back for sentence pursuant to paragraph (b), in its discretion remand the drug offender in custody or on bail pending appearance before the regular sitting. (4) Subject to subsection (5), a conviction in respect of a relevant offence shall not form part of the criminal record of any person who successfully completes a prescribed treatment programme. (5) Subsection (4) shall not apply in any case where a person is convicted of a relevant offence on more than two occasions. (6) Notwithstanding the provisions of the Criminal Procedure Code (2014 Revision), no appeal shall lie from a decision of the Drug Court under this section referring a person back to a regular sitting. Drug Rehabilitation Court Law Part IV \u2013 Miscellaneous Provisions\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Payment for prescribed treatment programme 20. (1) Subject to subsection (2), where the Drug Court makes an order under section 13(2), requiring a drug offender to undergo a prescribed treatment programme, the Drug Court may, in the order, require the drug offender to make a financial contribution towards the cost of the prescribed treatment programme. (2) The sum payable by a drug offender in respect of a prescribed treatment programme relating to him may be waived, in whole or in part, by the respective approved treatment provider if, after such assessment as shall be prescribed in regulations has been carried out, the approved treatment provider is satisfied that the drug offender is unable to pay all or any part of the sum.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"Register 21. The Chief Clerk shall keep a register containing such particulars as may be prescribed in respect of persons who are dealt with by the Drug Court in accordance with this Law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Arrest warrant 22. Where, based upon a report by an approved treatment provider under section 17, the Drug Court is satisfied that a drug offender has failed to comply with the specified conditions, the Drug Court may issue a warrant authorising a constable to arrest the drug offender and bring him before the Drug Court to be dealt with under this Law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"Warrants of committal 23. (1) For the purpose of subjecting a drug offender to imprisonment as a term of sentence pursuant to section 14(2)(f) or 15, the Drug Court may issue a warrant committing the drug offender to a prison. (2) A warrant under this section \u2014 (a) authorises a constable, or any officer acting under the authority of the Director of Prisons, to have custody of the drug offender named in the warrant, to convey the drug offender to the prison specified in the warrant and to deliver the drug offender into the custody of the Director of Prisons or any officer acting under his authority; and (b) authorises the Director of Prisons to have custody of the drug offender named in the warrant for the period of time specified in the warrant.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Immunity from self-incrimination 24. (1) Where \u2014 Drug Rehabilitation Court Law (2015 Revision) (a) for the purpose of seeking a referral of a person to the Drug Court under this Law; (b) for the purpose of satisfying the Drug Court that a person should participate in a prescribed treatment programme; or (c) in connection with the supervision of the prescribed treatment in relation to a person, that person makes, to the Drug Court, an admission for which he would otherwise be liable to prosecution for an offence comprising the unlawful possession or use of drugs, the admission shall not be admissible in evidence in any proceedings against him. (2) An admission referred to in subsection (1) shall not be admissible in evidence against the person making it, in proceedings brought as a result of the admission, for an offence referred to in that subsection.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"Provision of information 25. (1) Every approved treatment provider shall forthwith notify the Drug Court of any failure by a drug offender to comply with the prescribed treatment programme. (2) The following provisions apply to and in respect of information furnished in accordance with this section (hereinafter referred to as \u201cprotected information\u201d) \u2014 (a) the provision of the information \u2014 (i) does not constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct on the part of the person furnishing it; (ii) shall not give rise to any action for defamation against that person; and (iii) shall not constitute a ground for civil proceedings for malicious prosecution or for conspiracy; (b) subject to subsection (3), the information shall not be admissible in any proceedings before a court, tribunal or committee; and (c) subject to subsection (3), a person shall not be compellable in any such proceedings to disclose the information or to produce any document that contains the information. (3) The provisions of subsection (2)(b) and (c) shall not apply to or in respect of the provision of protected information \u2014 (a) in proceedings before the Drug Court; or (b) in support of, or in answer to, any allegation made in proceedings against a person in relation to the exercise of his functions under this Law. Drug Rehabilitation Court Law (4) A drug offender shall be taken to have authorised the provision of protected information \u2014 (a) by an approved treatment provider to the Drug Court; or (b) by any member of staff of the Drug Court to any other member of that staff.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_26\", \"num\": \"26.\", \"text\": \"Amendment of Schedule 26. The Cabinet may by order amend the Schedule.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_27\", \"num\": \"27.\", \"text\": \"Savings of certain Laws 27. Nothing in this Law shall be construed so as to derogate from or abridge any provision of \u2014 (a) the Summary Jurisdiction Law (2015 Revision); or (b) the Grand Court Law (2015 Revision), or any Law amending or replacing such Laws.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_28\", \"num\": \"28.\", \"text\": \"Rules 28. (1) The Chief Justice may make rules regulating all matters of practice and procedure for the proper exercise of the jurisdiction and powers of the Drug Court. (2) Without prejudice to the generality of the power conferred by subsection (1), such rules may provide for \u2014 (a) any matter of procedure before the Drug Court and the forms to be used and fees to be paid in proceedings before the Drug Court; and (b) the regulation of any matter as to the forms to be used and the procedure upon giving notice of appeal from decisions of the Drug Court and the giving of any recognisance thereupon.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_29\", \"num\": \"29.\", \"text\": \"Regulations 29. (1) The Cabinet may make regulations generally for administering this Law and for giving effect to its objects, purposes and intentions, or with respect to any matter or thing by or under this Law which may be or is to be prescribed. (2) Without prejudice to the generality of the power conferred by subsection (1), regulations may be made under this section \u2014 (a) with respect to prescribed treatment programmes; (b) for the regulation and control of approved drug treatment centres; (c) for the regulation of approved treatment providers; Drug Rehabilitation Court Law (2015 Revision) (d) prescribing the forms, notices, certificates, warrants, books, registers or other documents to be used and the particulars to be given in connection with this Law; and (e) prescribing the fees to be payable in respect of any certificate or other document issued under this Law and the circumstances under which such fees may be abated or waived. Drug Rehabilitation Court Law (2015 Revision) SCHEDULE SCHEDULE (sections 11 and 26) OFFENCES IN RESPECT OF WHICH A MAGISTRATE OR A JUDGE MAY DIRECT THAT A PERSON BE REFERRED TO THE DRUG COURT For the purposes of this Law, a \u201cscheduled offence\u201d is any of the following offences under the Misuse of Drugs Law (2014 Revision) \u2014 (a) possession, constructively or otherwise, of any controlled drug specified in Schedule 1 to the Misuse of Drugs Law (2014 Revision); (b) possession, constructively or otherwise, of any pipe, utensil, or thing used in the preparation or consumption of any controlled drug specified in Schedule 1 to the Misuse of Drugs Law (2014 Revision); (c) consumption of any controlled drug specified in Schedule 1 to the Misuse of Drugs Law (2014 Revision); or (d) frequenting any place used for the consumption of any controlled drug specified in Schedule 1 to the Misuse of Drugs Law (2014 Revision). Publication in revised and consolidated form authorised by the Cabinet this 14th day of July, 2015. Meredith Hew Acting Clerk of Cabinet\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2015_01_01\", \"date\": \"2015-01-01\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2015_01_01\", \"timeInterval\": 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2012.\n\nConsolidated and revised this 2nd day of July, 2015.\n\nDrug Rehabilitation Court Law (2015 Revision)\nArrangement of Sections\n\nc\nRevised as at 2nd day of July, 2015\nPage 3\n\nCAYMAN ISLANDS\n\nDRUG REHABILITATION COURT LAW\n(2015 Revision)\nArrangement of Sections\nSection\nPage\nPart I - Preliminary\n1.\nShort title ...................................................................................................................................5\n2.\nDefinitions and Interpretation .....................................................................................................5\nPart II - Drug Rehabilitation Court\n3.\nDeclaration of Drug Court by Chief Justice ................................................................................7\n4.\nJurisdiction of Drug Court ..........................................................................................................7\n5.\nSittings of Drug Court ................................................................................................................8\n6.\nCourt proceedings .....................................................................................................................8\n7.\nDrug Court officers .....................................................................................................................8\nPart III \u2013 Procedure for Dealing with Drug Offenders\n8.\nEligible persons .........................................................................................................................9\n9.\nApproved drug treatment centres ...............................................................................................9\n10.\nProcedure after arrest for relevant offence other than a scheduled offence ................................9\n11.\nProcedure after arrest for scheduled offence ........................................................................... 10\n12.\nAssessment of drug offender and determination of relevant offence ........................................ 10\n13.\nPowers of Drug Court .............................................................................................................. 11\n14.\nConferral of rewards, or imposition of sanctions, upon drug offender ....................................... 12\n15.\nStatutory condition of prescribed treatment programme ........................................................... 13\n16.\nVariation and revocation of conditions...................................................................................... 13\n17.\nReports .................................................................................................................................... 14\n\nArrangement of Sections\nDrug Rehabilitation Court Law\n\nPage 4\nRevised as at 2nd day of July, 2015\nc\n\n18.\nTermination of prescribed treatment programme ..................................................................... 14\n19.\nProcedure on termination......................................................................................................... 15\nPart IV \u2013 Miscellaneous Provisions\n20.\nPayment for prescribed treatment programme ......................................................................... 16\n21.\nRegister ................................................................................................................................... 16\n22.\nArrest warrant .......................................................................................................................... 16\n23.\nWarrants of committal .............................................................................................................. 16\n24.\nImmunity from self-incrimination .............................................................................................. 16\n25.\nProvision of information ........................................................................................................... 17\n26.\nAmendment of Schedule.......................................................................................................... 18\n27.\nSavings of certain Laws ........................................................................................................... 18\n28.\nRules ....................................................................................................................................... 18\n29.\nRegulations ............................................................................................................................. 18\nSCHEDULE\n21\nOFFENCES IN RESPECT OF WHICH A MAGISTRATE OR A JUDGE MAY DIRECT THAT A\nPERSON BE REFERRED TO THE DRUG COURT\n21\n\nDrug Rehabilitation Court Law (2015 Revision)\nSection 1\n\nc\nRevised as at 2nd day of July, 2015\nPage 5\n\nCAYMAN ISLANDS\n\nDRUG REHABILITATION COURT LAW\n(2015 Revision)\nENACTED by the Legislature of the Cayman Islands.\nPart I - Preliminary\n1.\nShort title\n1.\nThis Law may be cited as the Drug Rehabilitation Court Law (2015 Revision).\n2.\nDefinitions and Interpretation\n2.\n(1) In this Law \u2014\n\u201capproved drug treatment centre\u201d means any house, building, enclosure or\nplace, or any part thereof, declared to be a drug treatment centre by the\nCabinet under section 9;\n\u201capproved treatment provider\u201d means \u2014\n(a)\nthe department of Government responsible for Drug Counselling\nServices; or\n(b) an individual or organisation approved by the Cabinet to carry out\nprescribed treatment programmes for the purposes of this Law;\n\u201cChief Clerk\u201d means the person appointed, under section 7 of the Grand\nCourt Law (2015 Revision), as Clerk of the Grand Court;\n\u201cdrug\u201d includes alcohol and any controlled drug specified in the Schedule 1 to\nthe Misuse of Drugs Law (2014 Revision);\n\nSection 2\nDrug Rehabilitation Court Law\n\nPage 6\nRevised as at 2nd day of July, 2015\nc\n\n\u201cDrug Court\u201d means \u2014\n(a)\nthe sitting of a summary court declared to be a Drug Rehabilitation Court\npursuant to section 3(1); or\n(b) the sitting of the Grand Court declared to be a Drug Rehabilitation Court\npursuant to section 3(2),\nas the case may be;\n\u201cdrug offender\u201d means a person who is referred to the Drug Court under\nsection 4(3), 10 or 11;\n\u201cDuty Counsel\u201d means the person appointed under section 7(3);\n\u201celigible person\u201d means a person described in section 8;\n\u201cJudge\u201d means a Judge of the Grand Court;\n\u201cmagistrate\u201d means a person appointed or acting under section 6 of the\nSummary Jurisdiction Law (2015 Revision);\n\u201cprescribed treatment programme\u201d means a programme for treatment and\nsupervision ordered by the Drug Court pursuant to section 13;\n\u201cprison\u201d means any place prescribed under the Prisons Law, 1975 [Law 14 of\n1975] for the confinement of prisoners;\n\u201cprisoner\u201d has the meaning assigned to that expression in the Prisons\nLaw 1975;\n\u201cprobation officer\u201d means a person appointed to be a probation officer under\nthe provisions of the Alternative Sentencing Law (2008 Revision) or any Law\nrepealing and replacing those provisions;\n\u201cregular sitting\u201d means \u2014\n(a)\na sitting of the summary court, other than the Drug Court; or\n(b) a sitting of the Grand Court, other than the Drug Court,\nas the case may be;\n\u201cregulations\u201d means regulations made by the Cabinet under section 29;\n\u201crelevant offence\u201d means \u2014\n(a)\nany offence triable summarily (other than an offence of possession with\nintent to supply a drug listed in Schedule 1 to the Misuse of Drugs Law\n(2014 Revision) where the offender was not also a consumer of the drug\nto which the offence relates);\n(b) any offence of theft, handling stolen goods, robbery or burglary triable\nupon indictment under the Penal Code (2013 Revision); or\n(c)\nany scheduled offence,\nbut \u201crelevant offence\u201d does not include an offence involving violent conduct\nor sexual assault;\n\nDrug Rehabilitation Court Law (2015 Revision)\nSection 3\n\nc\nRevised as at 2nd day of July, 2015\nPage 7\n\n\u201crules\u201d means rules made by the Chief Justice under section 28;\n\u201cscheduled offence\u201d means an offence specified in the Schedule;\n\u201cspecified conditions\u201d has the meaning assigned to that expression in\nsection 13(2)(b); and\n\u201csummary court\u201d means a court of summary jurisdiction constituted under\nthe Summary Jurisdiction Law (2015 Revision).\n(2) Any reference in this Law to the Director of Public Prosecutions includes a\nreference to any attorney-at-law in the Office of the Director of Public\nProsecutions.\nPart II - Drug Rehabilitation Court\n3.\nDeclaration of Drug Court by Chief Justice\n3.\n(1) The Chief Justice may declare any sitting of the summary court to be a Drug\nRehabilitation Court for the purposes of this Law.\n(2) The Chief Justice may declare any sitting of the Grand Court to be a Drug\nRehabilitation Court for the purposes of this Law.\n4.\nJurisdiction of Drug Court\n4.\n(1) The Drug Court has the following jurisdiction \u2014\n(a)\nwhen sitting pursuant to section 3(1), the criminal jurisdiction of the\nsummary court; and\n(b) when sitting pursuant to section 3(2), the criminal jurisdiction of the\nGrand Court,\nand such other jurisdiction as is vested in the Drug Court by this or any\nother Law.\n(2) For the purpose of enabling it to exercise its jurisdiction, the Drug Court has\nthe following functions \u2014\n(a)\nwhen sitting pursuant to section 3(1), all of the functions of a summary\ncourt that are exercisable in relation to its criminal jurisdiction, including\nall the functions exercisable by a magistrate under the Summary\nJurisdiction Law (2015 Revision); and\n(b) when sitting pursuant to section 3(2), all of the functions of the Grand\nCourt that are exercisable in relation to its criminal jurisdiction in a case\nwhere an accused person has elected under section 129 of the Criminal\nProcedure Code (2014 Revision) to be tried by a Judge alone,\nand such other functions as are conferred or imposed on it by or under this or\nany other Law.\n\nSection 5\nDrug Rehabilitation Court Law\n\nPage 8\nRevised as at 2nd day of July, 2015\nc\n\n(3) Notwithstanding section 3, a regular sitting may in its discretion stay\nproceedings relating to a person before the regular sitting and refer the person\nto the Drug Court to be dealt with by the Drug Court.\n5.\nSittings of Drug Court\n5.\n(1) Where a sitting of the Grand Court is declared to be a sitting of the Drug\nCourt, it shall be presided over by a Judge without a jury.\n(2) Two or more sittings of the Drug Court may be held at the same time.\n6.\nCourt proceedings\n6.\n(1) This section applies to proceedings before the Drug Court in the exercise of its\njurisdiction under this Law.\n(2) Proceedings before the Drug Court are to be conducted \u2014\n(a)\nin accordance with the directions of the Judge or magistrate presiding in\nthe proceedings; and\n(b) subject to paragraph (a), with as little formality and technicality and with\nas much expedition, as the requirements of the Law, the regulations, the\nrules and the proper consideration of the matters before the Drug Court\npermit.\n(3) The procedure of the Drug Court shall not be vitiated by reason of any failure\nto observe relevant rules of evidence.\n(4) The Drug Court may adjourn its proceedings from time to time.\n7.\nDrug Court officers\n7.\n(1) A registrar and such other public officers as are necessary may be appointed\nfor assisting the Chief Clerk for the proper administration of this Law.\n(2) The Chief Clerk, the registrar and any other public officers appointed for the\npurpose, may exercise \u2014\n(a)\nsuch of the administrative functions of the Drug Court as may be\nrespectively prescribed by the regulations or rules;\n(b) such of the functions of the Clerk of Court or other officer of the Grand\nCourt as are relevant to the exercise by the Drug Court of the criminal\njurisdiction of the Grand Court; and\n(c)\nsuch of the functions of the Clerk of Court or other officer of the\nsummary court as are relevant to the exercise by the Drug Court of the\ncriminal jurisdiction of the summary court.\n(3) Without prejudice to the provisions of the Legal Aid Law (1999 Revision), the\nChief Justice may appoint for each Drug Court a suitable attorney-at-law, who\nshall be called a Duty Counsel, on such terms and conditions (including\nremuneration) as the Chief Justice may decide.\n\nDrug Rehabilitation Court Law (2015 Revision)\nSection 8\n\nc\nRevised as at 2nd day of July, 2015\nPage 9\n\n(4) A Duty Counsel shall be the legal advisor and legal advocate for a drug\noffender who is not otherwise legally represented; and, where an attorney-atlaw has been appointed as Duty Counsel for a drug offender, the Duty Counsel\nmay represent the drug offender unless the drug offender chooses to represent\nhimself.\nPart III \u2013 Procedure for Dealing with Drug Offenders\n8.\nEligible persons\n8.\nA person is an eligible person for the purposes of this Law if \u2014\n(a)\nthe person is not under the age of seventeen years;\n(b) the person is charged with a relevant offence;\n(c)\nthe person appears to be dependent on the use of drugs; and\n(d) the person satisfies such other criteria as may be prescribed.\n9.\nApproved drug treatment centres\n9.\nThe Cabinet may by order \u2014\n(a)\ndeclare any house, building, enclosure or place, or any part thereof, to be\nan approved drug treatment centre for the purposes of supervising and\ncontrolling a drug offender\u2019s participation in a prescribed treatment\nprogramme under this Law; and the Cabinet may in that order declare the\nname by which the approved drug treatment centre shall be known; or\n(b) declare that an approved drug treatment centre shall cease to be an\napproved drug treatment centre; and as from the date of the publication\nof that order or such other date as may be specified in that order, the\napproved drug treatment centre shall cease to be an approved drug\ntreatment centre.\n10.\nProcedure after arrest for relevant offence other than a scheduled offence\n10. (1) Where a person is arrested and charged with a relevant offence, other than a\nscheduled offence, and the arresting officer has reasonable cause to believe\nthat the person is dependent on any drug, the arresting officer shall include in\nthe police report, a note of the facts giving rise to that belief.\n(2) As soon as practicable after the person is charged with the offence, the\nDirector of Public Prosecutions \u2014\n(a)\nmay review the police report and the person\u2019s criminal record; and\n(b) may, if satisfied that the person is eligible, recommend to a magistrate or\nJudge, as the case may be, that the person be referred to the Drug Court\nto be dealt with in accordance with section 12.\n\nSection 11\nDrug Rehabilitation Court Law\n\nPage 10\nRevised as at 2nd day of July, 2015\nc\n\n(3) A magistrate or a Judge may \u2014\n(a)\nin his discretion; or\n(b) pursuant to a recommendation by the Director of Public Prosecutions\nunder subsection (2)(b),\nby order direct that the person charged be referred to the Drug Court to be\ndealt with in accordance with section 12.\n(4) The Drug Court may, on the recommendation of the Director of Public\nProsecutions in relation to a person referred to it under subsection (3), defer\nthe imposition of a sentence for the offence after a guilty plea.\n11.\nProcedure after arrest for scheduled offence\n11. (1) Where a person is arrested and charged with a relevant offence that is a\nscheduled offence, the Director of Public Prosecutions may, if satisfied that\nthe person is eligible, recommend to a magistrate or Judge, as the case may be,\nthat the person be referred to the Drug Court to be dealt with in accordance\nwith section 12.\n(2) A magistrate or a Judge may \u2014\n(a)\nin his discretion; or\n(b) pursuant to a recommendation by the Director of Public Prosecutions\nunder subsection (1),\nby order direct that the person charged be referred to the Drug Court to be\ndealt with in accordance with section 12.\n(3) The Drug Court may, on the recommendation of the Director of Public\nProsecutions in relation to a person referred to it under subsection (2), defer\nthe imposition of a sentence for the offence after a guilty plea.\n12.\nAssessment of drug offender and determination of relevant offence\n12. (1) A person referred to the Drug Court under this Law shall enter a plea to the\noffence with which he is charged, and where he enters a guilty plea in respect\nof the offence, the person shall be assessed by an approved treatment provider\nwho, after consultation with a probation officer \u2014\n(a)\nshall make a recommendation to the Drug Court as to the person\u2019s\nsuitability for participation in a prescribed treatment programme; and\n(b) shall furnish to the Drug Court, a plan of that prescribed treatment\nprogramme.\n(2) Where \u2014\n(a)\nbased upon an assessment made by an approved treatment provider after\nconsultation with a probation officer, a person is not considered suitable\nby the Drug Court for participation in a prescribed treatment programme;\n\nDrug Rehabilitation Court Law (2015 Revision)\nSection 13\n\nc\nRevised as at 2nd day of July, 2015\nPage 11\n\n(b) a person is not willing to be dealt with by the Drug Court; or\n(c)\na person enters a plea of not guilty to the offence with which he is\ncharged,\nthe relevant offence in relation to that person shall be heard and determined in\na regular sitting, and the Drug Court may by order remand the person in\ncustody or on bail and refer the person back to the regular sitting.\n(3) If the Drug Court makes an order referring a person back to the regular sitting,\nthe proceedings against the person are to be continued before the regular\nsitting at a time and place specified in the order, as if \u2014\n(a)\nthe person had not been referred to the Drug Court; and\n(b) the proceedings had merely been adjourned to the time and place\nspecified in the order.\n(4) Notwithstanding the provisions of the Criminal Procedure Code (2014\nRevision), no appeal shall lie from an order of the Drug Court made under this\nsection referring a person back to a regular sitting.\n13.\nPowers of Drug Court\n13. (1) The Drug Court may act in accordance with subsection (2) in relation to a\nperson referred to it under this Law, if the Court is satisfied that \u2014\n(a)\nthe person is an eligible person;\n(b) having regard to the person\u2019s antecedents, it would be appropriate for the\nperson to participate in a prescribed treatment programme;\n(c)\nthe person accepts the conditions to be imposed by the Drug Court\n(whether immediately or at some later date) in relation to his\nparticipation in a prescribed treatment programme;\n(d) the person has been informed of the Drug Court\u2019s powers under this Law\nand of the respective consequences of the person\u2019s compliance or noncompliance with a prescribed treatment programme; and\n(e)\nan approved drug treatment centre and facilities to supervise and control\nthe person\u2019s participation in such a programme are available, and have\nbeen allocated to the person, in accordance with the regulations.\n(2) The Drug Court shall make an order \u2014\n(a)\nrequiring the drug offender to undergo a prescribed treatment programme\nand to comply with the conditions imposed by the Drug Court pursuant\nto paragraph (b); and\n(b) imposing such conditions (in this Law referred to as \u201cspecified\nconditions\u201d), including any of the provisions of section 14, as the Drug\nCourt deems fit in relation to the drug offender\u2019s participation in the\nprescribed treatment programme.\n\nSection 14\nDrug Rehabilitation Court Law\n\nPage 12\nRevised as at 2nd day of July, 2015\nc\n\n(3) Where the Drug Court makes an order under subsection (2), it shall inform the\ndrug offender of the consequences of any failure to comply with the specified\nconditions.\n(4) The Drug Court may make an order under subsection (2) in relation to a\nperson referred to the Drug Court by a regular sitting under section 4(3) and\nwhere the person has been convicted of a relevant offence before a regular\nsitting, the regular sitting shall defer imposition of the sentence during the\nperiod for which that order is in force.\n(5) Where the Drug Court makes an order under subsection (2), the drug offender\nto whom it relates shall be required to signify his consent in writing to\nparticipate in the prescribed treatment programme, and to comply with the\nspecified conditions, including, where applicable, a condition that the drug\noffender undergo drug tests at such times as are specified in the order.\n(6) Notwithstanding the provisions of the Criminal Procedure Code (2014\nRevision), no appeal shall lie from an order of the Drug Court made under this\nsection.\n14.\nConferral of rewards, or imposition of sanctions, upon drug offender\n14. (1) Where, based upon an assessment made by an approved treatment provider\nafter consultation with a probation officer, the Drug Court determines that a\ndrug offender is maintaining a satisfactory level of compliance with a\nprescribed treatment programme, the Drug Court may make an order\nconferring any of the following rewards on the drug offender \u2014\n(a)\nspecified privileges;\n(b) an appropriate change in the frequency of counselling or other treatment;\n(c)\na decrease in the degree of supervision to which the drug offender is\nsubject;\n(d) a decrease in the frequency with which the drug offender is required to\nundergo testing for drugs;\n(e)\na decrease in the amount of any monetary penalty payable to the Drug\nCourt, as referred to in subsection (2)(e); and\n(f)\na change in the nature of the vocational and social services attended by\nthe drug offender or the frequency with which the drug offender is\nrequired to attend vocational and social services,\nand imposing conditions in respect of the rewards.\n(2) Where, based upon an assessment made by an approved treatment provider\nafter consultation with a probation officer, the Drug Court determines that a\ndrug offender is not maintaining a satisfactory level of compliance with a\nprescribed treatment programme, the Drug Court may make an order imposing\nany of the following sanctions on the drug offender \u2014\n\nDrug Rehabilitation Court Law (2015 Revision)\nSection 15\n\nc\nRevised as at 2nd day of July, 2015\nPage 13\n\n(a)\nwithdrawal of privileges conferred on the drug offender pursuant to\nsubsection (1)(a);\n(b) an appropriate change in the frequency of counselling or other treatment;\n(c)\nan increase in the degree of supervision to which the drug offender is\nsubject;\n(d) an increase in the frequency with which the drug offender is required to\nundergo testing for drugs;\n(e)\na requirement that the drug offender pay a monetary penalty to the Drug\nCourt;\n(f)\na requirement that the drug offender be subjected to imprisonment for up\nto fourteen days in respect of any one failure to comply with the\nrequirement of the order; and\n(g) a change in the nature of the vocational and social services attended by\nthe drug offender or the frequency with which the drug offender is\nrequired to attend vocational and social services,\nand imposing conditions in respect of the sanctions.\n(3) Any monetary penalty payable by a drug offender, as referred to in\nsubsection (2)(e), is recoverable by the Chief Clerk of the Drug Court as a debt\nin any court of competent jurisdiction.\n(4) This section does not limit the conditions that may form part of a prescribed\ntreatment programme apart from this section.\n15.\nStatutory condition of prescribed treatment programme\n15. It is a condition of a drug offender\u2019s prescribed treatment programme that the Drug\nCourt may commit the drug offender to a prison for up to fourteen days at a time if,\nin the opinion of the Drug Court, such action is necessary to facilitate the\nassessment of the drug offender\u2019s participation in the prescribed treatment\nprogramme.\n16.\nVariation and revocation of conditions\n16. (1) The Drug Court may, from time to time, in accordance with a drug offender\u2019s\nprescribed treatment programme, on the recommendation of the approved\ntreatment provider, vary or revoke the conditions imposed pursuant to\nsection 13(2), 14 or 15.\n(2) Notwithstanding the provisions of the Criminal Procedure Code (2014\nRevision), no appeal shall lie against any decision by the Drug Court to impose\nconditions pursuant to section 13(2), 14 or 15 or to vary or revoke the\nconditions of a drug offender\u2019s prescribed treatment programme under this\nsection.\n\nSection 17\nDrug Rehabilitation Court Law\n\nPage 14\nRevised as at 2nd day of July, 2015\nc\n\n17.\nReports\n17. (1) An approved treatment provider shall submit to the Drug Court, at such\nintervals as may be prescribed, a progress report in respect of each drug\noffender who participates in a prescribed treatment programme.\n(2) A report under subsection (1) shall include, in any case where the drug\noffender fails to comply with any directions given by the approved treatment\nprovider or any specified condition, the nature of the non-compliance and the\neffect or likely effect on the offender\u2019s successful completion of the prescribed\ntreatment programme.\n18.\nTermination of prescribed treatment programme\n18. (1) The Drug Court shall terminate a prescribed treatment programme in relation\nto a drug offender if \u2014\n(a)\nthe offender successfully completes the programme;\n(b) the offender requests the Drug Court to terminate the programme; or\n(c)\nbased on the report of the approved treatment provider, the Drug Court is\nsatisfied on the balance of probabilities that the drug offender has failed\nto comply with his prescribed treatment programme and that there is no\nuseful purpose to be served by the drug offender\u2019s continued\nparticipation in the prescribed treatment programme.\n(2) Where a prescribed treatment programme is terminated, the records of any\ntests performed on the person concerned shall not be admissible in evidence in\nany proceedings against that person.\n(3) Without prejudice to the other circumstances in which a drug offender is taken\nto have failed to comply with his prescribed treatment programme, a drug\noffender is taken to have failed to comply with the prescribed treatment\nprogramme if he is charged and convicted before a court with any of the\nfollowing offences \u2014\n(a)\nany offence for which the punishment is prescribed in Part B of Schedule\n2 to the Misuse of Drugs Law (2014 Revision), other than a relevant\noffence;\n(b) any offence involving violent conduct or sexual assault;\n(c)\nany offence against the Firearms Law (2008 Revision); or\n(d) any other offence prescribed by regulations made under this Law.\n(4) Notwithstanding the provisions of the Criminal Procedure Code (2014\nRevision), no appeal shall lie in relation to any action taken or decision made\nby the Drug Court under this section to terminate a prescribed treatment\nprogramme.\n\nDrug Rehabilitation Court Law (2015 Revision)\nSection 19\n\nc\nRevised as at 2nd day of July, 2015\nPage 15\n\n19.\nProcedure on termination\n19. (1) As soon as may be reasonably practicable after the termination of a prescribed\ntreatment programme, the drug offender shall be brought before the Drug\nCourt to be dealt with in accordance with subsection (2) or (3), as the case may\nrequire.\n(2) If the drug offender has successfully completed the prescribed treatment\nprogramme, the Drug Court shall discharge the drug offender in relation to the\nrelevant offence and that discharge may be either absolute or conditional as the\nDrug Court thinks fit.\n(3) If the drug offender has failed to complete the prescribed treatment\nprogramme, the Drug Court may \u2014\n(a)\nif sentencing was deferred pursuant to section 11(2) \u2014\n(i)\nrefer the relevant offence to a regular sitting for sentence;\n(ii) defer referring the relevant offence to a regular sitting and remand\nthe drug offender in custody or on bail for a period not exceeding\neight weeks, for the purpose of determining whether the\ncircumstances of the case warrant the making of an order requiring\nthe drug offender to undergo a new prescribed treatment\nprogramme; or\n(iii) where the Drug Court considers that the circumstances of the case\nso warrant, make an order requiring the drug offender to undergo a\nnew prescribed treatment programme for such period and subject to\nsuch conditions as the Drug Court may, on the recommendation of\nan approved treatment provider after consultation with a probation\nofficer, specify;\n(b) if the imposition of a sentence was deferred pursuant to section 13(4),\nrefer the matter back to the regular sitting for the imposition of any\nsentence which could have been imposed for the relevant offence; or\n(c)\nwhere a matter is referred back for sentence pursuant to paragraph (b), in\nits discretion remand the drug offender in custody or on bail pending\nappearance before the regular sitting.\n(4) Subject to subsection (5), a conviction in respect of a relevant offence shall not\nform part of the criminal record of any person who successfully completes a\nprescribed treatment programme.\n(5) Subsection (4) shall not apply in any case where a person is convicted of a\nrelevant offence on more than two occasions.\n(6) Notwithstanding the provisions of the Criminal Procedure Code (2014\nRevision), no appeal shall lie from a decision of the Drug Court under this\nsection referring a person back to a regular sitting.\n\nSection 20\nDrug Rehabilitation Court Law\n\nPage 16\nRevised as at 2nd day of July, 2015\nc\n\nPart IV \u2013 Miscellaneous Provisions\n20.\nPayment for prescribed treatment programme\n20. (1) Subject to subsection (2), where the Drug Court makes an order under\nsection 13(2), requiring a drug offender to undergo a prescribed treatment\nprogramme, the Drug Court may, in the order, require the drug offender to\nmake a financial contribution towards the cost of the prescribed treatment\nprogramme.\n(2) The sum payable by a drug offender in respect of a prescribed treatment\nprogramme relating to him may be waived, in whole or in part, by the\nrespective approved treatment provider if, after such assessment as shall be\nprescribed in regulations has been carried out, the approved treatment provider\nis satisfied that the drug offender is unable to pay all or any part of the sum.\n21.\nRegister\n21. The Chief Clerk shall keep a register containing such particulars as may be\nprescribed in respect of persons who are dealt with by the Drug Court in accordance\nwith this Law.\n22.\nArrest warrant\n22. Where, based upon a report by an approved treatment provider under section 17, the\nDrug Court is satisfied that a drug offender has failed to comply with the specified\nconditions, the Drug Court may issue a warrant authorising a constable to arrest the\ndrug offender and bring him before the Drug Court to be dealt with under this Law.\n23.\nWarrants of committal\n23. (1) For the purpose of subjecting a drug offender to imprisonment as a term of\nsentence pursuant to section 14(2)(f) or 15, the Drug Court may issue a\nwarrant committing the drug offender to a prison.\n(2) A warrant under this section \u2014\n(a)\nauthorises a constable, or any officer acting under the authority of the\nDirector of Prisons, to have custody of the drug offender named in the\nwarrant, to convey the drug offender to the prison specified in the\nwarrant and to deliver the drug offender into the custody of the Director\nof Prisons or any officer acting under his authority; and\n(b) authorises the Director of Prisons to have custody of the drug offender\nnamed in the warrant for the period of time specified in the warrant.\n24.\nImmunity from self-incrimination\n24. (1) Where \u2014\n\nDrug Rehabilitation Court Law (2015 Revision)\nSection 25\n\nc\nRevised as at 2nd day of July, 2015\nPage 17\n\n(a)\nfor the purpose of seeking a referral of a person to the Drug Court under\nthis Law;\n(b) for the purpose of satisfying the Drug Court that a person should\nparticipate in a prescribed treatment programme; or\n(c)\nin connection with the supervision of the prescribed treatment in relation\nto a person,\nthat person makes, to the Drug Court, an admission for which he would\notherwise be liable to prosecution for an offence comprising the unlawful\npossession or use of drugs, the admission shall not be admissible in evidence\nin any proceedings against him.\n(2) An admission referred to in subsection (1) shall not be admissible in evidence\nagainst the person making it, in proceedings brought as a result of the\nadmission, for an offence referred to in that subsection.\n25.\nProvision of information\n25. (1) Every approved treatment provider shall forthwith notify the Drug Court of\nany failure by a drug offender to comply with the prescribed treatment\nprogramme.\n(2) The following provisions apply to and in respect of information furnished in\naccordance with this section (hereinafter referred to as \u201cprotected\ninformation\u201d) \u2014\n(a)\nthe provision of the information \u2014\n(i)\ndoes not constitute a breach of professional etiquette or ethics or a\ndeparture from accepted standards of professional conduct on the\npart of the person furnishing it;\n(ii) shall not give rise to any action for defamation against that\nperson; and\n(iii) shall not constitute a ground for civil proceedings for malicious\nprosecution or for conspiracy;\n(b) subject to subsection (3), the information shall not be admissible in any\nproceedings before a court, tribunal or committee; and\n(c)\nsubject to subsection (3), a person shall not be compellable in any such\nproceedings to disclose the information or to produce any document that\ncontains the information.\n(3) The provisions of subsection (2)(b) and (c) shall not apply to or in respect of\nthe provision of protected information \u2014\n(a)\nin proceedings before the Drug Court; or\n(b) in support of, or in answer to, any allegation made in proceedings against\na person in relation to the exercise of his functions under this Law.\n\nSection 26\nDrug Rehabilitation Court Law\n\nPage 18\nRevised as at 2nd day of July, 2015\nc\n\n(4) A drug offender shall be taken to have authorised the provision of protected\ninformation \u2014\n(a)\nby an approved treatment provider to the Drug Court; or\n(b) by any member of staff of the Drug Court to any other member of that\nstaff.\n26.\nAmendment of Schedule\n26. The Cabinet may by order amend the Schedule.\n27.\nSavings of certain Laws\n27. Nothing in this Law shall be construed so as to derogate from or abridge any\nprovision of \u2014\n(a)\nthe Summary Jurisdiction Law (2015 Revision); or\n(b) the Grand Court Law (2015 Revision),\nor any Law amending or replacing such Laws.\n28.\nRules\n28. (1) The Chief Justice may make rules regulating all matters of practice and\nprocedure for the proper exercise of the jurisdiction and powers of the Drug\nCourt.\n(2) Without prejudice to the generality of the power conferred by subsection (1),\nsuch rules may provide for \u2014\n(a)\nany matter of procedure before the Drug Court and the forms to be used\nand fees to be paid in proceedings before the Drug Court; and\n(b) the regulation of any matter as to the forms to be used and the procedure\nupon giving notice of appeal from decisions of the Drug Court and the\ngiving of any recognisance thereupon.\n29.\nRegulations\n29. (1) The Cabinet may make regulations generally for administering this Law and\nfor giving effect to its objects, purposes and intentions, or with respect to any\nmatter or thing by or under this Law which may be or is to be prescribed.\n(2) Without prejudice to the generality of the power conferred by subsection (1),\nregulations may be made under this section \u2014\n(a)\nwith respect to prescribed treatment programmes;\n(b) for the regulation and control of approved drug treatment centres;\n(c)\nfor the regulation of approved treatment providers;\n\nDrug Rehabilitation Court Law (2015 Revision)\nSection 29\n\nc\nRevised as at 2nd day of July, 2015\nPage 19\n\n(d) prescribing the forms, notices, certificates, warrants, books, registers or\nother documents to be used and the particulars to be given in connection\nwith this Law; and\n(e)\nprescribing the fees to be payable in respect of any certificate or other\ndocument issued under this Law and the circumstances under which such\nfees may be abated or waived.\n\nDrug Rehabilitation Court Law (2015 Revision)\nSCHEDULE\n\nc\nRevised as at 2nd day of July, 2015\nPage 21\n\n SCHEDULE\n(sections 11 and 26)\n\nOFFENCES IN RESPECT OF WHICH A MAGISTRATE OR A JUDGE\nMAY DIRECT THAT A PERSON BE REFERRED TO THE DRUG\nCOURT\n\nFor the purposes of this Law, a \u201cscheduled offence\u201d is any of the following\noffences under the Misuse of Drugs Law (2014 Revision) \u2014\n(a)\npossession, constructively or otherwise, of any controlled drug specified\nin Schedule 1 to the Misuse of Drugs Law (2014 Revision);\n(b) possession, constructively or otherwise, of any pipe, utensil, or thing\nused in the preparation or consumption of any controlled drug specified\nin Schedule 1 to the Misuse of Drugs Law (2014 Revision);\n(c)\nconsumption of any controlled drug specified in Schedule 1 to the Misuse\nof Drugs Law (2014 Revision); or\n(d) frequenting any place used for the consumption of any controlled drug\nspecified in Schedule 1 to the Misuse of Drugs Law (2014 Revision).\n\nPublication in revised and consolidated form authorised by the Cabinet this 14th\nday of July, 2015.\nMeredith Hew\nActing Clerk of Cabinet","akn_extracted_at":"2026-06-22 15:32:32.293107+00","cms_id":"2006-0008","law_type":"principal","year":"2006","number":"8","title":"Drug Rehabilitation Court Act","status":"in_force"},"provenance":{"files":[{"file_id":"4870","expr_id":"67","kind":"akn_xml","filename":"2006-0008_2015 Revision.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2006\/2006-0008\/2006-0008_2015 Revision.akn.xml","content_md5":"d4241be00f0551a7bdab7c191d59439f","byte_size":"37539","http_last_modified":null,"fetched_at":"2026-06-22 15:32:32.761175+00"},{"file_id":"133","expr_id":"67","kind":"pristine_pdf","filename":"2006-0008_2015 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/2006\/2006-0008\/2006-0008_2015 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/PRINCIPAL\/2006\/2006-0008\/2006-0008_2015 Revision.pdf","content_md5":"018fc0d5bc3862862b41acef3ab74db6","byte_size":"494300","http_last_modified":null,"fetched_at":"2026-06-21 23:09:34.868376+00"},{"file_id":"134","expr_id":"67","kind":"working_pdf","filename":"2006-0008_2015 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/2006\/2006-0008\/2006-0008_2015 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2006\/2006-0008\/2006-0008_2015 Revision.pdf","content_md5":"018fc0d5bc3862862b41acef3ab74db6","byte_size":"494300","http_last_modified":null,"fetched_at":"2026-06-21 23:09:34.868376+00"}],"paragraph_count":21,"latest_history":null},"quality":{"expr_id":"67","doc_id":"67","quality_state":"needs_review","quality_score":"84","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise}","llm_categories":"{truncated_text,other}","repair_actions":"{collapse_duplicate_text,manual_review,reextract_full_text,strip_page_furniture}","finding_severity_counts":"{\"low\": 1, \"medium\": 1}","finding_summary":"Text appears mostly clean but ends mid-definition; human review needed to ensure no critical content is missing.","assessed_at":"2026-06-22 15:29:44.994576+00","updated_at":"2026-06-22 15:29:44.994576+00"}}