Court diversion for a minor drugs offence

Court diversion aims to divert minor drug offenders away from the court system and into alternative rehabilitation programs.

When you need legal advice

Get legal advice if you are:

  • charged with a drug offence
  • offered diversion by the court
  • in breach of a recognisance order for drug diversion.

How to get legal advice 

Court diversion program eligibility

To be eligible for a court diversion drug education and information session you must:

  • be charged with an eligible drug offence
  • appear before the Magistrates Court or Childrens Court and plead guilty
  • have not previously been convicted of, or be currently facing, charges of a sexual nature or a drug offence dealt with in the District or Supreme Court.

You are not eligible if you have been offered 2 previous court drug diversion diversions, or one court drug diversion and one subsequent police diversion program.

Eligible drug offences

Eligible drug offences include:

  • possession of a minor amount of drugs
  • possession of anything used to commit the drug offence for personal use
  • possession of items used for the administration, consumption or smoking of dangerous drugs
  • failure to take reasonable care of a syringe
  • failure to dispose of a syringe.

Examples of minor amounts of common drugs include:

  • cannabis—50g
  • heroin—1g
  • methadone—1g
  • amphetamine—1g
  • cocaine—1g
  • LSD—3 tabs.

The full list of minor drug quantities can be found in Schedule 1 of the Penalties and Sentences Regulation 2015.

Court diversion process

The Court Registry can provide you with a ‘Drug and Alcohol Diversion Referral Form.’ This form can be used for Court Diversion Program referrals, and also Drug and Alcohol Assessment Referrals. Once completed, you can return the form to the Court registry who will tell you and the court if you qualify for the program. You will need to appear in court and plead guilty to the charge/s and the Magistrate will decide how to deal with the matter.

If the Magistrate orders that you participate in the court diversion program you will need to sign a document called a ‘recognisance order’, which states you agree to display good behaviour for a specific time. The recognisance order will include a condition that you attend a drug education and information session.

If you complete the diversion program, your order will end without a conviction against your name.

If you do not complete the diversion program, or commit another offence during the recognisance order, you:

  • are in breach of its conditions
  • may have to pay a fine
  • may also be ordered back to court to face your original charge and be given a different sentence.

There may be a duty lawyer service available at court to assist you with your court appearance.

If you are dealt with in the Magistrates Court, you will have to pay an offender levy, on top of any penalty or sentence you receive, when the court finds you guilty of an offence. This applies even when no conviction is recorded.

What happens at the session?

A health service provider will speak with you at the start of your drug education and information session.

They will help you develop a personal plan to stop taking drugs. Treatment is voluntary and not part of the recognisance order.

The session is strictly confidential. A family member or friend may attend the session with you. 

Drug and Alcohol Assessment Referral (“DAAR”) Program

If you are appearing in the Magistrates Court for offences related to drugs or alcohol, you may also be eligible for the DAAR program. This can be as a condition of bail or as a sentence order.

To be eligible for the DAAR program, you must:

  • Be 18 years or over
  • Plead guilty, or intend to plead guilty, to offences relating to drugs or alcohol

You can only complete two DAAR courses as a condition of bail, however there is no limit on how many DAAR courses you can complete as a recognisance order.

You will not be excluded from the DAAR program if you have a history of offences of a violent or sexual nature, however you will need to complete the course by telephone.

How to get legal advice

We may provide legal advice about the court diversion for minor drug offences.

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Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.

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