Common questions
Queensland Illicit Drug Court Diversion Program - criminal
How do I become involved in the Illicit Drug Court Diversion Program?
You will need to attend any Magistrates or Childrens Court in Queensland to become involved in the program.
A Court Diversion Officer or Legal Aid Duty Solicitor at the court will explain the procedure to you and fill in the eligibility assessment form.
If you are eligible, and the magistrate rules it appropriate, you will be placed on a recognisance order with a condition to attend a drug assessment and education session.
Am I eligible for the program?
You are eligible for the Illicit Drug Court Diversion Program if you:
- are charged with an eligible drug offence
- plead guilty to the offence
- have not been charged with, or previously convicted of, charges of a sexual nature, serious violence or drugs offences
- have been offered a diversion on no more than one previous occasion.
What is an eligible drug offence?
An eligible drug offence is an offence under section 9 and 10(2) of the Drugs Misuse Act 1986.
These offences include unlawfully having possession of a dangerous drug and anything used in connection with the administration, consumption or smoking of a dangerous drug.
You are eligible if the court considers the drugs to be for personal use and less than the prescribed quantity in the Penalties and Sentences Regulations Act 1992.
What happens if I plead guilty?
If you plead guilty, you will attend court where a magistrate will decide if you are suitable to attend a drug assessment and education session.
If you attend the session no conviction will be recorded for the minor drug offence. Instead you will receive factual information about the consequences of illicit drug use and help to stop using drugs.
What does the drug assessment and education session involve?
The session involves strictly confidential assessment, education and counselling which is carried out by a qualified health service provider.
The session will take about two and a half hours and is normally available between 9am and 5pm weekdays. You only have to attend one session to comply with the court order. However, if you feel it is necessary, a further six or seven sessions are available.
You can take a family member or friend with you for support.
What happens if I fail to attend the session?
If you fail to attend, you will have breached your recognisance order and the court may issue a warrant to bring you before a magistrate where sentencing will continue.
When you return to court, the magistrate may also instruct you to pay the bond amount stated on the recognisance order.
What if I can’t attend the session because I am sick or have to work?
If you can’t attend the session, contact the Court Diversion Program Head Office in Brisbane on (07) 3836 0677 as soon as possible.You will need to provide the office with the appropriate documents (a medical certificate or letter from your employer) by fax or post, for them to consider rescheduling your appointment.
What happens if I attend the Drug Assessment and Education Session?
Once you attend the session, with a nominated health service provider, the recognisance order ends and no conviction is recorded.
Last updated Thursday, 13 December 2007 12:42
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