The Drug Court of New South Wales (NSW) is an innovative and specialised jurisdiction focused on addressing the underlying issues of drug dependency in offenders. It is not for just those persons charged with Supply Prohibited Drugs and incorporate a wide range of offending. Established as an alternative to the traditional criminal justice system, the Drug Court integrates judicial oversight with health-based interventions to reduce recidivism and support long-term recovery.
The Drug Court Act 1998 (No 150 Part 3 Division 2 Section 24 ‘Jurisdiction of Drug Court’) states the Drug Court has the following jurisdiction:
- the criminal jurisdiction of the District Court
- the criminal jurisdiction of the Local Court
- such other jurisdiction as is vested in the Drug Court by this or any other Act.
The Purpose and Mission of the Drug Court
The primary goal of the Drug Court is to break the cycle of drug dependency and criminal behaviour. The mission is clear: to assist drug-dependent offenders in overcoming their addiction, reducing their involvement in criminal activities, and facilitating their reintegration into society. By addressing the root causes of criminal behaviour, the Drug Court aims to not only protect the community but also improve the lives of offenders who are battling substance dependency.
Eligibility and Referral Process of the Drug Court
To participate in the Drug Court program, offenders must meet certain eligibility criteria;
To be eligible for the Drug Court a person must:
- be highly likely to be sentenced to fulltime imprisonment if convicted
- have pleaded guilty or indicate that he or she will plead guilty to the offence
- be dependent on the use of prohibited drugs
- be 18 years of age or over
- be willing to participate
- live in a nominated or authorised Local Government Areas (Check your local Council Area)
The referral process involves a unique aspect: a ballot system. Eligible offenders are randomly selected through a ballot to join the program. This process ensures a fair selection while also managing the number of participants to maintain the quality and effectiveness of the program.
Who is not eligible?
A person is not eligible if they are:
- charged with an offence punishable under Division 2 of Part 2 of the Drug Misuse and Trafficking Act 1985, not being an offence that (under Chapter 5 of the Criminal Procedure Act 1986) is capable of being dealt with summarily, or
- charged with an offence involving violent conduct or sexual assault, or
- charged with any other offence of a kind prescribed by the regulations, or
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suffering from a mental condition that could prevent or restrict participation in the program.
Structure and Phases of the Program
The Drug Court program is highly structured and divided into several phases, each targeting different aspects of drug dependency and criminal behaviour.
- Initial Phase: This phase involves detoxification and stabilisation. Participants are medically assessed, and a treatment plan is formulated. Regular court appearances, drug testing, and immediate intervention strategies are introduced to establish a baseline for the offender’s recovery journey.
- Treatment Phase: During this phase, participants undergo intensive drug treatment, including counselling and cognitive behavioural therapies. They continue to attend regular court hearings, submit to frequent drug testing, and work closely with a multidisciplinary team comprising health professionals, social workers, and probation officers.
- Reintegration Phase: As participants progress, the focus shifts to their reintegration into society. Vocational training, employment assistance, and housing stability become key components. The aim is to prepare participants for independent, drug-free living.
Throughout these phases, the Drug Court employs incentives and sanctions to encourage compliance and progress. Rewards such as reduced supervision or privileges are given for positive behaviour, while non-compliance can result in sanctions like increased reporting requirements or short periods of custody.
Locations and Availability
The Drug Court operates at three primary locations in NSW: Parramatta, Toronto, and the Downing Centre. These courts serve offenders from various regions, including the City of Sydney, Sydney West and South Western Regions, and the Hunter Region. Collaboration with local and district courts ensures that eligible offenders across these areas can access the program.
Effectiveness and Impact
Research conducted by the NSW Bureau of Crime Statistics and Research has demonstrated the effectiveness of the Drug Court. Participants in the program have significantly lower rates of re-offending compared to those who undergo traditional criminal justice sanctions. The holistic approach of the Drug Court, which prioritises treatment and long-term rehabilitation, is central to its success. This approach not only benefits the participants but also enhances community safety by reducing drug-related crimes.
Support Services
Participants in the Drug Court program have access to a comprehensive range of support services. These include medical treatment, counselling, vocational training, and housing assistance. The multidisciplinary team provides tailored support to address the individual needs of each participant, enhancing their chances of successful recovery and reintegration.
The Drug Court of NSW represents a forward-thinking and effective method of addressing drug-related criminal behaviour. By combining judicial oversight with health-based interventions, the Drug Court provides a pathway to recovery and rehabilitation for drug-dependent offenders. This approach not only helps individuals overcome their addiction but also contributes to a safer and healthier community.
If you or someone you know could benefit from the Drug Court program, don’t hesitate to seek more information or get in touch with the Drug Court registries:
- Sydney Registry: 9287 7305
- Parramatta Registry: 8688 4525
- Toronto (Hunter) Registry: 4935 8338
Understanding and supporting the work of the Drug Court can make a significant difference in addressing the challenges associated with drug dependency and criminal behaviour, paving the way for more successful and meaningful rehabilitation. Contact us for assistance.