Drug courts in Australia

Last updated October 02, 2019

Drug courts have been established in New South Wales, Queensland, South Australia, Victoria, and Western Australia. People appearing in Australian drug courts often fall outside the parameters for other pre-court diversion programs.

Drug courts are judicially supervised court dockets that provide a sentencing alternative of treatment combined with supervision for people living with serious substance use and mental health disorders. Drug courts are problem-solving courts that take a public health approach using a specialized model in which the judiciary, prosecution, defense bar, probation, law enforcement, mental health, social service, and treatment communities work together to help addicted offenders into long-term recovery.

New South Wales is a state on the east coast of Australia. It borders Queensland to the north, Victoria to the south, and South Australia to the west. Its coast borders the Tasman Sea to the east. The Australian Capital Territory is an enclave within the state. New South Wales' state capital is Sydney, which is also Australia's most populous city. In March 2019, the population of New South Wales was over 8 million, making it Australia's most populous state. Just under two-thirds of the state's population, 5.1 million, live in the Greater Sydney area. Inhabitants of New South Wales are referred to as New South Welshmen.

Queensland is the second-largest and third-most populous state in the Commonwealth of Australia. Situated in the north-east of the country, it is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean. To its north is the Torres Strait, with Papua New Guinea located less than 200 km across it from the mainland. The state is the world's sixth-largest sub-national entity, with an area of 1,852,642 square kilometres (715,309 sq mi).

Drug courts by state

New South Wales

Established pursuant to the Drug Court Act 1998 (NSW), the Drug Court of New South Wales exercises both local and district 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 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.^[1]

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 in which the defendant has an addiction to illicit drugs. The Court exercises both local and district court jurisdiction and has a similar status to the District 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 South Wales where the Local Court has jurisdiction to deal with the majority of minor civil and criminal matters.

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 range of tribunals. In its criminal jurisdiction, the Court may deal with all serious criminal offences except murder, treason and piracy. The Court's civil jurisdiction is generally limited to claims less than A$750,000.

Queensland

Established pursuant to the Drug Rehabilitation (Court Diversion) Act 2000 (QLD) 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.^[2] 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.^[1]

South Australia

South Australia's Drug Court operates in the Adelaide Magistrates' Court. Participants must live within the Adelaide 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.^[1]

The Magistrates Court of South Australia is South Australia's lowest level court.

Adelaide is the capital city of the state of South Australia, and the fifth-most populous city of Australia. The demonym Adelaidean is used to denote the city and its residents.

Victoria

The Victorian Drug Court is located in Dandenong 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.^[1]

Dandenong is a suburb of Melbourne, Victoria, Australia, 29 km south-east from the Melbourne CBD. Situated on the Dandenong Creek, it is 31.6 km from the Dandenong Ranges in eastern Victoria and completely unrelated in both location and nature. It is the main administrative centre for the City of Greater Dandenong local government area. At the 2016 census, central Dandenong had a population of 29,906.

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 Magistrates' Court Act 2004 (WA), 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.^[1]

The Magistrates Court of Western Australia is the first tier court in Western Australia, a state of Australia. It has jurisdiction in respect of criminal and civil matters, as well as a range of administrative matters. The court came into existence in May 2005 and was the result of the amalgamation of the Court of Petty Sessions of Western Australia, Small Claims Tribunal of Western Australia, and the Local Court of Western Australia.

The Children's Court of Western Australia is a state court that hears cases involving children accused of committing criminal offences. It was originally called the Perth Children's Court when it was created in 1907 by the State Children's Act, but became known Children’s Court of Western Australia when the Children's Court of Western Australia Act 1988 was passed.

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References

1 2 3 4 5 "Australian responses to illicit drugs : Drug courts". Criminal justice system: Specialist courts. Australian Government: Australian Institute of Criminology. 6 September 2010. Archived from the original on 22 March 2012. Retrieved 26 February 2012.
↑ "Archived copy" (PDF). Archived from the original (PDF) on 28 March 2015. Retrieved 8 June 2015.CS1 maint: archived copy as title (link)

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[aic-1] 1 2 3 4 5 "Australian responses to illicit drugs : Drug courts". Criminal justice system: Specialist courts. Australian Government: Australian Institute of Criminology. 6 September 2010. Archived from the original on 22 March 2012. Retrieved 26 February 2012.

[2] "Archived copy" (PDF). Archived from the original (PDF) on 28 March 2015. Retrieved 8 June 2015.CS1 maint: archived copy as title (link)