Should Minor Drug Offences be Dealt with by the Criminal Justice System?

Possession of even one ecstasy pill could potentially give you a criminal record.

The stigma of a criminal record can have negative consequences for future employment or travel.

Most people charged with drug offences are not violent criminals. They are overwhelmingly young people experimenting with drugs, or party-goers, or are suffering from addiction and other related problems.

Drug use is often linked to other types of crime, and severing this link can be hard.

However, steering users away from the criminal justice system and into treatment can benefit the community in the long-run by ensuring they get the help they need.

One way to do this is through section 32 of the Mental Health (Forensic Provisions) Act which allows a court to dismiss a charge without any conviction and discharge a defendant into a treatment plan.

Another way is to get a ‘non conviction order’, which is where a person pleads guilty but no conviction is recorded. Section 10 (1)(c) allows a court to order a person to participates in a diversionary program, such as a drug rehabilitation program.

The exact strength of links between drug abuse and other crimes is uncertain and still debated.

Many people who offend attribute at least some of their offending to drugs.

In the Drug Use Monitoring Australia study 2009-2010, 45% of all detainees said that their substance use contributed to their offences. The study contained 7,575 participants.

What programs are there for breaking the links between drug use and other crimes?

In NSW there are a range of measures in place that seek to keep drug users from the criminal justice system, and from reoffending. These include:

• • The Cannabis Cautioning scheme – The cannabis cautioning scheme has been put in place as a way to try and steer first and second-time drug possessors away from the criminal justice system.

Police have the discretion to give a caution to those in possession of 15 grams of cannabis or less, which means that the offence can be dealt with out of court and without being treated as a criminal offence.

• Specialist Drug Courts – There are specialist drug courts in NSW, such as the one in Parramatta. The Drug Court aims to reduce criminal activity related to drugs and to keep drug users out of the criminal system, and to thereby avoiding any stigma of a prison record.For juvenile defendants, especially Aboriginals, the Youth Drug and Alcohol Court is an avenue for children who engage in drug or alcohol induced activity to receive treatment so that they don’t reoffend.
• The MERIT program – the Magistrates Early Referral into Treatment program is one set up specifically to try and break the cycle of drug-induced crime.Participation in the program requires any applicant to a treatable alcohol or drug problem and not be charged with sexual offence charges or other serious crimes.Offenders have the chance to participate in rehab treatment to address drug addiction problems and help to make sure these people don’t reoffend at a later date.Participants in the program have their sentencing held off until they have completed the treatment and this can result in a more favourable outcome, as well as provide crucial support to those trying to stop taking drugs.

  The program may involve counseling, therapy and drug testing.

Police have also been given discretion not to charge people for drug use and drug possession in close proximity to the injection centre in Kings Cross.

If you are facing drug charges and want to know your options, speak to an experienced drug lawyer.
Depending on the circumstances of your individual case, you may be eligible and able to benefit from some of the programs that aim to help users get the help they need.