The NSW Government has introduced a new drug diversion scheme that includes on the spot drug fines. This program is set to commence in early 2024. Under this recently introduced scheme, NSW Police can issue on the spot drug fines or Criminal Infringement Notices (CIN) to those found with small quantities of drugs such as MDMA, cocaine or ice.
The amount of the fine equals to $400 (as of December 2023.) NSW Police can issue up to two such on the spot fines – a “two strike policy.”
This is applicable for personal drug use for adults, as well as small quantity drug possession offences. As part of this measure, the Government aims to encourage those who have received the notice to complete a health intervention program (for drug and/or alcohol).
Importantly, for those who complete the intervention successfully, the Government will treat their fine as paid. Whereas, upon non-completion of the health intervention, Revenue NSW will reinforce the penalty to the offender.
This reflects that the aim of the scheme is to reduce addiction, and preventing crime through the introduction of these on the spot fines or notices. It is based on the idea that an early intervention approach can greatly help parties to prevent long term drug abuse or addiction.
Additional resources to learn more about these on the spot fines:
- https://www.nsw.gov.au/media-releases/police-given-power-to-issue-on-spot-fines-health-intervention-for-small-quantity-drug-possession
- https://www.abc.net.au/news/2023-10-13/on-the-spot-drug-fines-to-keep-nsw-people-out-of-court/102963118
What are Prohibited Substances in NSW?
Schedule 1 of The Drug Misuse and Trafficking Act (1985) provides a list of all prohibited substances. Some of the most common prohibited drugs include – heroin, ecstasy, cocaine, meth and other amphetamines, cannabis, and LSD among others.
When can authorities find a person guilty of drug possession? A person is found guilty of possession when the police:
- finds the person possessed a substance
- finds that the substance was a prohibited drug
- finds that the person knew they were in possession of a drug
- finds that they had no legal excuse to possess the drug
Aims of On the Spot Drug Fines NSW
Primarily, this scheme allows offenders who are caught with small quantities of illegal substances to minimise contact with the justice system. This is because it is believed that this only increases the probability of re-offending. On the other hand, this scheme places a focus on reducing addiction. Moreover, it also eases burden on police and courts.
Similarly, in 2018, there was a Special Commission of Inquiry into Ice (meth) in NSW to strengthen the state’s response to the drug including aspects such as law enforcement, rehabilitation responses, education and treatment. Such inquiries and schemes acknowledge that it is necessary for people who are struggling with addiction to receive health related support so they can fight against addiction. Otherwise, they remain entangled with the criminal justice system, and this does not offer any long-term benefits.
Criminal and Traffic Offence Lawyers
If you have received a fine and you want to dispute it, we recommend that you speak with our team of traffic lawyers today. We also have an experience team of criminal defence lawyers who can provide you with advice and help you with your matter.
For more information on the on the spot drug fines, contact our team today.
