The Drug Court of New South Wales is an inferior court constituted as a

court of record A court of record is a trial court or appellate court in which a record of the proceedings is captured and preserved, for the possibility of appeal. A court clerk or a court reporter takes down a record of oral proceedings. That written recor ...

within the

Australian court hierarchy The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on matter ...

with its

jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jur ...

limited to

New South Wales ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , es ...

, Australia. It is a specialist court that deals with

criminal In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Can ...

offences in which the defendant has an

addiction Addiction is a neuropsychological disorder characterized by a persistent and intense urge to engage in certain behaviors, one of which is the usage of a drug, despite substantial harm and other negative consequences. Repetitive drug use o ...

illicit drugs The prohibition of drugs through sumptuary legislation or religious law is a common means of attempting to prevent the recreational use of certain intoxicating substances. While some drugs are illegal to possess, many governments regulate the ...

. The Court exercises both

local Local may refer to: Geography and transportation * Local (train), a train serving local traffic demand * Local, Missouri, a community in the United States * Local government, a form of public administration, usually the lowest tier of administrat ...

and

district A district is a type of administrative division that, in some countries, is managed by the local government. Across the world, areas known as "districts" vary greatly in size, spanning regions or counties, several municipalities, subdivisions o ...

court jurisdiction and has a similar status to the

District Court of New South Wales The District Court of New South Wales is the intermediate court in the judicial hierarchy of the Australian state of New South Wales. It is a trial court and has an appellate jurisdiction. In addition, the Judges of the Court preside over a rang ...

. Established pursuant to the , the Court was the first

drug court Drug courts are judicially supervised court dockets that provide a sentencing alternative of treatment combined with supervision for people living with serious substance use. Drug courts are problem-solving courts that take a public health appro ...

of its type in Australia.

History

The Court commenced on 5 February 1999. The court arose of the use of drug courts in the United States of America. It commenced operations in Sydney as a pilot program with the goal of establishing the question of whether a Drug Court is more effective and cost-effective in reducing crime among drug-dependent criminal offenders than the conventional sanctions. The first participant commenced on 8 February.

Jurisdiction

The Court is constituted by five Drug Court Judges, led by a Senior Judge, currently Judge Roger Diver. The Court operates from three locations in New South Wales: in , , and

Sydney CBD The Sydney central business district (CBD) is the historical and main commercial centre of Sydney. The CBD is Sydney's city centre, or Sydney City, and the two terms are used interchangeably. Colloquially, the CBD or city centre is often refer ...

accepting referrals from the

Local Court of New South Wales The Local Court of New South Wales is the lowest court in the judicial hierarchy of the Australian state of New South Wales. Formerly known as the Court of Petty Sessions and the Magistrates Court, there are more than 160 branches across New Sou ...

and the District Court. Matters referred to the Drug Court are then dealt with by that court, provided that the individual meets the eligibility criteria and is accepted onto the program. Matters for persons not accepted onto the program may be dealt with by the Drug Court but are usually referred back to the originating court for dispensation.

Judges

The

Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

may appoint District Court Judges to be a Drug Court Judge. The Governor may also appoint one of those Drug Court Judges to be a Senior Drug Court Judge.

Objectives

The objectives of the Court are to reduce the drug dependency of eligible persons, to promote the re-integration of such drug dependent persons into the community, and to reduce the need for such drug dependent persons to resort to criminal activity to support their drug dependencies. The Court diverts drug dependent offenders into supervised treatment plans which aim to reduce or eliminate their drug dependence. Treatment options offered include abstinence and pharmacotherapy programs, and may be provided in either a community or residential rehabilitation environment. There are four fundamental aspects that are common to each Drug Court program plan:- *Evidence-based treatment of drug use. *Social support and the development of living skills. *Regular reports to the Court regarding participant progress, and *Regular testing for drug use.

Eligibility and selection for a program

To be eligible for the Drug Court a person must:- *be highly likely to be sentenced to full-time imprisonment if convicted, *have indicated a desire to plead guilty to the offence, *be dependent on the use of prohibited drugs, *reside within the specified catchment area, *be referred from a court in the catchment area, *be 18 years of age or over, *be willing to participate, *not be charged with a violent, sexual offence or an offence under Division 2 Part 2 of the Drug Misuse and Trafficking Act (1985), and *not be suffering a mental condition that could prevent or restrict participation in the program.

Program Progression

After detoxification and assessment, the offender appears before the Drug Court where he or she enters a guilty plea, receives a sentence that is suspended, and signs an undertaking to abide by his or her program conditions. This process marks the commencement of the offender's Drug Court program. Each participant's program comprises three phases. Each phase has distinct goals that must be achieved before the participant graduates to the next phase of their program. Phase One is the 'initiation' phase where participants are expected to reduce drug use, stabilise their physical health and to cease criminal activity. In this phase, participants are required to undergo drug testing at least three times a week and to report back to the Drug Court once a week. Phase Two is the 'consolidation' phase where participants are expected to remain drug-free and crime-free, and to develop life and job skills. In this phase, testing for drug use is conducted twice weekly and report-back court appearances occur fortnightly. Phase Three is the 'reintegration' phase where participants are expected to gain or be ready to gain employment, and to be financially responsible. In this phase, drug testing is conducted twice weekly and report-back court appearances are conducted monthly. The Court may confer rewards on a participant when they maintain a satisfactory level of compliance with their Drug Court program. Rewards may be simply a round of applause, or perhaps permission to work even during Phase One. Sanctions may be imposed on a participant who fails to comply with the program. Participants are informed of the types of behaviour that can attract rewards and sanctions. The most severe form of sanction available to the court, short of program termination, is a custodial sanction of up to 14 days. Community-based sanctions, such as increased supervision or community work, are also available to the Court. A program will last for at least 12 months unless it is terminated sooner. A Drug Court program can be terminated when:- *the Court decides that the participant has substantially complied with the program, or *the participant applies to have it terminated, or *the Court decides that the participant is unlikely to make any further progress in the program, or that further participation poses an unacceptable risk to the community that the offender will re-offend. When a program is terminated the Court must reconsider the initial sentence. If appropriate, that sentence can be set aside and another sentence imposed in its place. In deciding the final sentence the Court will take into consideration the nature of the offenders participation in the program, any sanctions that have been imposed and any time spent in custody during the program. The initial sentence cannot be increased. When the Court finds that a participant has substantially complied with a program a bond is the usual final court order. The Court awards a Certificate of Graduation or a Certificate of Substantial Achievement to participants who have met the standards that the Court has set.

References

External links

* Home page of the Drug Court of NSW *Review of the Drug Court 2005, published by the Drug Court of New South Wales. *{{cite web , work=

NSW Bureau of Crime Statistics and Research The Bureau of Crime Statistics and Research (BOCSAR), also known as NSW Bureau of Crime Statistics and Research, is an agency of the Department of Communities and Justice responsible for research into crime and criminal justice and evaluation o ...

, title=New South Wales Drug Court Evaluation: Cost Effectiveness , year=2002 , isbn=0-7313-2643-1 , url=http://www.lawlink.nsw.gov.au/bocsar , url-status=dead , archiveurl=https://web.archive.org/web/20070207193107/http://www.lawlink.nsw.gov.au/bocsar , archivedate=7 February 2007 New South Wales courts and tribunals 1999 establishments in Australia Illegal drug trade Courts and tribunals established in 1999