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 appr ...
s have been established in
New South Wales
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, 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 ...
,
Queensland
)
, nickname = Sunshine State
, image_map = Queensland in Australia.svg
, map_caption = Location of Queensland in Australia
, subdivision_type = Country
, subdivision_name = Australia
, established_title = Before federation
, establishe ...
,
South Australia
South Australia (commonly abbreviated as SA) is a state in the southern central part of Australia. It covers some of the most arid parts of the country. With a total land area of , it is the fourth-largest of Australia's states and territories ...
,
Victoria
Victoria most commonly refers to:
* Victoria (Australia), a state of the Commonwealth of Australia
* Victoria, British Columbia, provincial capital of British Columbia, Canada
* Victoria (mythology), Roman goddess of Victory
* Victoria, Seychelle ...
, and
Western Australia
Western Australia (commonly abbreviated as WA) is a state of Australia occupying the western percent of the land area of Australia excluding external territories. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to th ...
. People appearing in
Australian drug courts often fall outside the parameters for other pre-court diversion programs.
Drug courts by state
New South Wales
Established pursuant to the , the
Drug Court of New South Wales
The Drug Court of New South Wales is an inferior court constituted as a court of record within the Australian court hierarchy with its jurisdiction limited to New South Wales, Australia. It is a specialist court that deals with criminal offences ...
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 county, counties, several municipality, municipa ...
court jurisdiction. Eligible defendants are referred from other courts within the catchment area. Acceptance into the program results in a custodial remand for detoxification and assessment. This takes up to two weeks and each participant leaves with an individual treatment plan. After the assessment the defendant is required to plead guilty and is given a suspended sentence. Successful completion of the three phase treatment program can take up to 12 months. The court can impose a series of sanctions or award privileges during that time. If the program is not completed successfully the participant returns to court and may be re-sentenced.
Magistrates
The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judici ...
can place defendants whose offending may not be as significant as those entering the Drug Court and are likely to be granted bail, into the Magistrates Early Referral into Treatment (MERIT) program. MERIT involves completing compulsory treatment as a condition of bail. In 2000, New South Wales commenced operation of a Youth Drug and Alcohol Court, which functions under the control of the
Children's Court. It aims to provide an integrated case management approach to prevent re-offending and includes treatment and assistance with health and education needs.
Queensland
Established pursuant to the as a pilot project, five drug courts have been established in Queensland. The Act and regulations limit the number of people who can enter the system from each court each year. In August 2005, it was announced that the drug courts would be made permanent. To be eligible, defendants must be adults, dependent on illicit drugs and this dependency must be a contributing factor to their offending. They must be likely to be sentenced to prison, not subject to a pending violent or sexual offence charge, live within the prescribed areas and plead guilty. In addition participants are admitted into the program if they have issues such as: mental illness, intellectual disability, cognitive impairment, and are homelessness or are at risk of being homeless.
Participants receive an intensive drug treatment order which includes treatment, drug testing and court supervision. These orders generally run for up to 18 months. During that time the participant may receive added privileges or sanctions. Successful completion is taken into account when sentencing is conducted at the end of the order.
[
]
South Australia
South Australia's Drug Court operates in the Adelaide Magistrates' Court. Participants must live within the Adelaide
Adelaide ( ) is the capital city of South Australia, the state's largest city and the fifth-most populous city in Australia. "Adelaide" may refer to either Greater Adelaide (including the Adelaide Hills) or the Adelaide city centre. The dem ...
metropolitan area, be over 18 years of age, plead guilty to the most serious and bulk of offences and be dependent on illicit drugs. The participants do not have to be charged with a drug offence but their offending must have resulted from their drug addiction. Those accepted into the program are given an individual treatment regime, which can include electronically monitored home detention bail, urinalysis, treatment and vocational training. Successful completion of the program will be taken into consideration at sentencing.[
]
Victoria
The Victorian Drug Court is located in Dandenong
Dandenong is a southeastern suburb of Melbourne, Victoria, Australia, about from the Melbourne CBD. It is the council seat of the City of Greater Dandenong local government area, with a recorded population of 30,127 at the . Situated mainly ...
and services defendants within a specific geographical catchment area. Only adult defendants who are addicted to illicit drugs, likely to be imprisoned for a drug related offence and prepared to plead guilty are eligible. If they are willing to enter the program, they are placed on a Drug Treatment Order. These orders have two components; a custodial sentence of not more than two years and a treatment and supervision component. Failure to compete the order renders the participant liable for re-sentencing. Other Victorian courts can place defendants within the Court Referral and Evaluation for Drug Intervention and Treatment (CREDIT) program. The 12-week program provides assessment, treatment and support for defendants on bail.[
]
Western Australia
In Western Australia, the drug court operates in the Perth Magistrates' Court and the Perth Children's Court. The Magistrates' Court drug court is supported by the , which enables the Chief Magistrate to establish divisions within the court to deal with specific classes of cases or offenders, such as drug cases or family violence cases. Following a plea of guilty, defendants are placed within one of three regimes depending on their level of previous offending and the type of drug involved. The brief intervention regime is a pre-sentence option for second or third time cannabis offenders and involves three sessions of drug education. Supervised treatment intervention is for mid-range offenders who are required to undertake case managed treatment before sentencing. The drug court regime consists of more intensive treatment and judicial case management. Additionally, a drug court style program operates in Geraldton in the form the Geraldton Alternative Sentencing Regime (GASR). The GASR has a broader remit that includes alcohol and solvent abuse cases, domestic violence and other offending behaviours. It does not replace other sentencing options but offers alternative pathways for selected offenders: the Court Supervision Regime which involves the offender being managed by a court management team for a period of four to six months whilst participating in rehabilitation programs; and the Brief Intervention Regime which also includes offender participation in rehabilitation programs but without the supervision of the court management team.[
]
See also
*Crime in Australia
Crime in Australia is managed by various law enforcement bodies (federal and state-based police forces and local councils), the federal and state-based criminal justice systems and state-based correctional services.
The Department of Home A ...
References
{{Reflist
Drug policy of Australia
Courts of Australia