Crimes Act 1914

Part IB - Sentencing, imprisonment and release of federal offenders

Division 9 - Sentencing alternatives for persons suffering from mental illness or intellectual disability

SECTION 20BY Program probation orders

(1)
Where a person is convicted in a State or Territory of a federal offence and the court before which the person is convicted is satisfied that:

(a) the person is suffering from an intellectual disability; and

(b) the disability contributed to the commission of the offence by the person; and

(c) an appropriate education program or treatment is available for the person in that State or Territory;

the court may, without passing sentence on the person, order that the person be released, on condition that the person undertake the program or treatment specified in the order for a period specified in the order.

(2)
Subsections 20BV(2) , (3) and (4) and sections 20BW and 20BX apply to a person in respect of whom an order has been made under subsection (1) of this section in the same way as they apply to a person in respect of whom an order has been made under subsection 20BV(1) and, for that purpose, references in those provisions to treatment have effect as if they were references to an education program or treatment of the kind referred to in subsection (1) of this section.

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