Alcohol and Other Drug AND Mental Health Services Directory

SMART Orders
The SMART Court has the power to:
• defer sentencing of an offender for a minimum of six months and a maximum
of 12 months and make a SMART order. The offender is granted bail on
condition that he/she complies with bail conditions and the SMART order.
• sentence the offender to a period of imprisonment in accordance with the
Sentencing Act or the Youth Justice Act, and make a SMART order for the
offender. The execution of the sentence of imprisonment is then suspended
for a minimum six months and maximum 12 months on condition that the
offender complies with the SMART order during the period of suspension.
The offender must, as a condition of the SMART order, appear regularly before
the SMART Court to monitor their progress and if required, review the conditions
of the SMART order. The offender is also required to appear before the SMART
Court on the completion of the SMART order for sentencing or reconsideration of
the suspended sentence.
Compliance with SMART Orders
The SMART Court will monitor the progress of an offender on a SMART order. If
the offender is progressing well under the SMART order the Court may confer a
reward. Rewards that may be conferred include:
• changes in frequency of counselling, treatment or other intervention, and/or
• a decrease in supervision.
Non-compliance with SMART Orders
If an offender does not maintain a satisfactory level of compliance with a SMART
order, a sanction may be imposed. Sanctions that may be imposed include:
• a change of condition to increase the frequency or types of counselling,
treatment or other intervention services received,
• an increase in the frequency of testing for alcohol or drugs, and/or
• imposing a condition that the offender be detained (for a youth) or imprisoned
(for an adult) for up to 14 days for further breaches of the conditions of the
order.
Life after a SMART Order
At the completion of the SMART order, an offender appears before the SMART
Court to be sentenced, or for reconsideration of their suspended sentence. If
the SMART order is revoked or cancelled before completion, the offender must
appear before the SMART Court to be sentenced.
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