The Drug Court NSW is a specialist court or specialist drug court that facilitates drug offences. Though, this court does not simply provide jail time or penalties for drug dependent offenders. They also promote a program that reintegrates drug offenders back into the community once they no longer have drug dependency. Australia takes drug offences seriously, but a second chance is always an option on the legal table.
A study by the NSW Bureau of Crime Statistics and Research (BOCSAR) and the National Drug and Alcohol Research Centre (NDARC) found drug treatment through Drug Court is better than prison at reducing re-offending.
Researchers followed participants in the NSW Drug Court program for over 13 years and compared their re-offending rates to a similar group who were eligible but not admitted. Participants in drug courts were 17% less likely to re-offend and 22% slower to re-offend for violent crime.
Professor Don Weatherburn said in the study that “despite the drug court participants’ long criminal histories – nearly half had 15 or more convictions – this shows Drug Court can work for repeat offenders, everyone did well.”
Eligibility Requirements for the Drug Court NSW
So, you might ask yourself “Who is eligible for the drug court?” or “Are there certain offences that they don’t consider for rehabilitation or drug court programs?”. Luckily, the Drug Court of NSW has a list of eligibility requirements on who is eligible and not eligible for the drug court program.
For Eligible People
A person is eligible if they:
1. Are 18 years years old or older
2. Are willing to participate
3. Have pleaded guilty or be prepared to plead guilty to the drug offence
4. Are dependent on illegal drugs and willing to undergo drug testing
5. Are living in one of the listed Local Government Areas:
- Bayside
- Burwood
- Canada Bay
- Canterbury-Bankstown
- City of Blacktown
- City of Campbelltown
- City of Cessnock
- City of Fairfield
- City of Hawkesbury
- City of Lake Macquarie
- City of Liverpool
- City of Maitland
- City of Newcastle
- City of Parramatta
- City of Penrith
- City of Randwick
- City of Sydney
- Cumberland
- Dubbo Regional
- Georges River
- Hills Shire
- Hunters Hill
- Inner West
- Lane Cove
- Mosman
- North Sydney
- Port Stephens
- Randwick
- Ryde
- Strathfield
- Waverley
- Willoughby
- Woollahra
For Non-Eligible People
People who are non-eligible include people who are charged with violent crimes, sexual offences, or specific drug offences. Such drug offences are found in the Drug Misuse and Trafficking Act 1985. Additionally, people with mental illnessillneses cannot go through the Drug Court NSW program. Even if a person is eligible, the following may occur:
- The Local or District Ccourt will refer potential participants for the Drug Court procedureproceudre.
- The Drug Court will conduct an initial screening based on the offender’s age and residence.
- A random selection for the procure may take place if the applicants outnumber available spots.
See our related articles:
Sexual Assault Lawyer Sydney | Best Criminal Defence | JB Solicitors
Sydney Drug Offence Lawyers | Expert Drug Defence | JB Solicitors
Family Sexual Offences | JB Solicitors
How Does the Drug Court NSW Procedure Work?
In NSW, the law requires all Local and District Courts to identify people who are eligible for the program. Once a person is identified the court officer at the referring court must get them enrolled. This involves contacting the Drug Court registry nearest to the person’s residence.
The registry will then add the referral to the random selection process. Also, the referring court will be notified of the outcome of the referral after the team meeting and ballot is finalised on specific days (Mondays for Hunter and Dubbo, Thursdays for Parramatta and Sydney).
Choosing the Right Program
The Drug Court NSW program is like a personal journey to recovery. Additionally, its programs are tailored to each person’s individual needs which offer different options for such drug-dependent persons:
- Quitting drugs completely (abstinence)
- Using medication like methadone or buprenorphine; and
- Attending treatment in a residential facility or at home.
Before you start treatment everyone goes through an assessment. Justice Health, a healthcare provider, does a general health and mental health check to get a sense of where you’re at. This takes around 2 weeks. Based on the assessment results the plan may include the following:
- Living in a residential rehab centre
- Staying in approved housing (chosen by the participant or arranged by the Court)
- Getting support to find suitable accommodation (arranged by the Court)
- More information on housing options is in Drug Court Policy 5 (Download the PDF file here).
Joining the Drug Court NSW Program
After the assessment participants appear before the Drug Court NSW. Here they plead guilty to the charges, get a suspended sentence (which won’t be enforced if they complete the program) and agree to the program rules. Please note someone may still be excluded from the program after the assessment if:
- They don’t meet the eligibility criteria
- They’re not willing to participate
- There’s no suitable treatment plan for them
The court will usually give a bond (the usual final court order) if an offender with drug dependencies complied with the program
Is Detox in Custody an Option?
If the Court approves someone to participate, they may go through detox in a secure environment. This happens in a Drug Court Unit, separate from the main jail population. Even people who were on bail before may need to spend some time in this unit for detox and further assessment.
While in custody, participants receive more information about the Drug Court NSW program’s requirements and receive a document outlining the program’s conditions.
A Second Chance for Drug Offenders
While our Sydney criminal lawyers at JB Solicitors oppose the illegal use of drugs, we believe in second chances for drug offenders. Our lawyers can help drug offenders identify if they are eligible for drug rehabilitation programs. We’ll assess your situation and see if your circumstances fit the application and drug rehabilitation process.
Should your circumstances not fit the program’s criteria, we can still provide legal representation for you. We’ll again assess your case again and identify its strong and weak points. This way, we can help you get a lower penalty or fine for your offence. Seek legal help from us and remove illegal drug use from your life.
Contact us today if you need help with the Drug Court NSW application procedure.
