The Magistrate Early Referral Into Treatment (MERIT) is a pre-sentencing diversion initiative that targets adult defendants with illicit drug use issues who are motivated to undertake rehabilitation. It is designed to allow eligible defendants to engage in supervised drug treatment as part of their bail conditions.

Purpose of the MERIT Program

The primary goals of the MERIT program are:

  • Rehabilitation: To provide offenders with access to drug treatment services to address their substance use issues.
  • Reduction in Recidivism: To reduce the likelihood of reoffending by addressing the root causes of criminal behaviour.
  • Health and Wellbeing: To improve the overall health and wellbeing of participants through effective treatment and support.

Magistrates have the discretion to considers your compliance with the treatment program, and individuals who complete MERIT are often considered to be more eligible for probation style sentences due to previous compliance.

The program takes a minimum of 12 weeks through 4 stages, and includes home visits, urinalysis, treatment programs and days to attend as part of the program.

 

Who is Eligible for MERIT?

MERIT Program

Eligibility is based on several factors including: –

  • An adult
  • Eligible for bail or not require bail to be considered
  • Voluntarily agree to participate
  • Demonstrable and treatable drug problem (alcoholism can be a secondary or associated program)
  • Charged with a drug related offence
  • Not be charged or have outstanding strictly indictable matters (including drug) offences
  • Not be charged or have outstanding any offences of sexual assault or serious violence and
  • Provide written and informed consent

Process of the MERIT Program

  1. Referral:

    • Defendants can be referred to the MERIT program by various sources, including police, legal representatives, or the court itself.
  2. Assessment:

    • A comprehensive assessment is conducted by MERIT teams to determine the defendant’s suitability for inclusion in the program.
  3. Treatment Plan:

    • For those accepted into the program, a tailored treatment plan is developed, which may include counselling, medical treatment, and other support services.
  4. Bail and Court Supervision:

    • Participants are granted bail with conditions to comply with the treatment plan. The court monitors progress regularly.
  5. Completion and Review:

    • Upon successful completion of the program, the court takes into account the progress made during treatment when considering sentencing.

 

Treatment available on the MERIT Program

  • Detoxification
  • Pharmacotherapies (methadone, naltrexone etc)
  • Urinalysis
  • Residential rehabilitation
  • Community outpatient services and
  • Case management.

 

For more information on the MERIT Program please see these available Links:

Communities & Justice

NSW Health – MERIT

Odyssey House

Indigenous Justice – Clearinghouse 

Drug and Alcohol Health Services (Upper Hunter & Newcastle)

 

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