Table of Contents
How many drug courts are there in Australia?
We then examine the emergence of drug courts in Australia, summarising the salient features of each of the five State drug courts.
How does the NSW Drug Court work?
If someone is pleading guilty to a drug-related criminal offence, they may be eligible to participate in the Drug Court Program. The program provides defendants with an alternative to jail if they undertake one of the treatment or rehabilitation programs for 12 months.
How many drug courts are there in NSW?
three
Where is the Drug Court? There are three current locations of the court, in Parramatta, Toronto and Sydney CBD.
Does Australia have a drug court?
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.
Why is there a drug court?
As an alternative to incarceration, drug courts reduce the burden and costs of repeatedly processing low‐level, non‐violent offenders through the nation’s courts, jails, and prisons while providing offenders an opportunity to receive treatment and education.
What is the merit program?
Overview. The Magistrates Early Referral Into Treatment (MERIT) Program is a voluntary program for people who have matters at participating Local Courts. The program targets people with a drug problem who are eligible and suitable for release on bail and who are motivated to engage in treatment and rehabilitation.
Is Circle sentencing effective?
New Circle Sentencing Evaluation finds positive results A new study by the NSW Bureau of Crime Statistics and Research (BOCSAR) has found that Aboriginal people who participate in Circle Sentencing have lower rates of imprisonment and recidivism than Aboriginal people who are sentenced in the traditional way.
How does the drug court work?
After being referred to drug court, offenders receive an initial sentence, but the sentence is suspended. If they fail the drug court program, they serve that sentence. If they fulfill the requirements of the program, they receive a final sentence, which may or may not be a custodial sentence.
Does the Drug Court have a jury?
Three to five Judges, but no jury, will hear the appeal and base their decision on the evidence, as well as the arguments of both the Defence and the Prosecution.
What are merits in court?
The phrase “on the merits” refers to a case whose decision rests upon the law as it applied to the particular evidence and facts presented in the case. This is in opposition to cases whose decisions rest upon procedural grounds.
What is merit treatment?
What are the drawbacks of circle sentencing?
Circles are not for people facing murder or sexual assault charges. Circle sentencing is not an easy way out for offenders. Punishments tend to fall in the middle-to-heavy end of penalties. The program often involves culturally appropriate, intensive supervision of participants.
Does NSW have a Koori court?
The Youth Koori Court in NSW is a program that provides an alternative to the mainstream court system. The Youth Koori Court is a diversionary and holistic option available to eligible Aboriginal children and young people in the criminal jurisdiction.
Why do drug courts not work?
Drug Courts Are Not the Answer: Toward a Health-Centered Approach to Drug Use finds that, while such courts have helped many people, they are not an appropriate response to drug law violations nor are they the most effective or cost-effective way to provide treatment to people whose only “crime” is their addiction.
What does a drug court program involve?
At the Drug Court of NSW, the Judge is involved in determining the type of treatment the offender is to receive, and in monitoring the rehabilitation process. There is frequent contact between the Judge and participant, such that a personal, supportive and encouraging relationship is developed.
How do you know if a case has merit?
[or] validity of a claim or defense.” USLegal describes a case that has merit as “setting forth sufficient facts from which the court could find a valid claim of deprivation of a legal right.” A claim has merit if it has substance; it must be both plausible and based in legality.
What is the Drug Court of NSW?
The Drug Court of NSW is a specialist court that sits in Parramatta, Toronto and Sydney in NSW, Australia. It takes referrals from the Local and District Courts of offenders who are dependent on drugs and who are eligible for a Drug Court program.
When can you participate in the drug court program?
When can i? If someone is pleading guilty to a drug-related criminal offence, they may be eligible to participate in the Drug Court Program. The program provides defendants with an alternative to jail if they undertake one of the treatment or rehabilitation programs for 12 months.
How do I qualify for the drug court?
To be eligible for the Drug Court a person must: 1 be highly likely to be sentenced to fulltime imprisonment if convicted 2 have indicated that he or she will plead guilty to the offence 3 be dependent on the use of prohibited drugs
What does a drug court solicitor do?
Legal Aid solicitors on the Drug Court team provide legal assistance to all defendants appearing before the Drug Court. There is no means test applied in Drug Court matters.