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Prevention of and Treatment for Substance Abuse Act, 2008 (Act No. 70 of 2008)

Chapter 8 : Admission, Transfer and Referral to Treatment Centre

36. Committal of person to treatment centre after conviction

 

(1) A court convicting a person of any offence may in addition or in lieu of any sentence in respect of such offence order that such person be committed to a treatment centre if the court is satisfied that such person is a person contemplated in section 33(1) and such order, for the purposes of this Act, must be regarded as having been made in terms of section 35.

 

(2) An order in terms of subsection (1) may not be made in addition to any sentence of imprisonment, whether direct or as an alternative of a fine, unless the operation of the whole sentence is suspended.

 

(3)
(a) Where a court has referred a person to a treatment centre under subsection (1) and such person is later found not to be fit for treatment in such treatment centre, he or she may be dealt with in accordance with section 276A(4) of the Criminal Procedure Act.
(b) For the purposes of paragraph (a), the expression "probation officer or the Commissioner" in section 276A(4) of the Criminal Procedure Act must be construed as the manager of the treatment centre or a person authorised by him or her for the purposes of this Act.