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CRIMES ACT 1914 SECT 20BY
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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