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Drug Court

What is the Drug Court?

The Victorian Drug Court is a division of the Magistrates’ Court of Victoria that provides for the sentencing and supervision of the treatment of offenders with a drug and/or alcohol dependency who have committed an offence under the influence of drugs or alcohol or to support a drug or alcohol habit. The Victorian Drug Court initiative is a response to the failure of current custodial sanctions to adequately address drug use and related offending. The Victorian model has attempted to incorporate the best features of existing drug courts in order to establish a unique drug court addressing the specific needs in Victoria. Variations of drug courts are currently being trialled in four other states in Australia, as well as in Canada, England, Ireland and Scotland. Over 570 drug courts are also in operation throughout the United States of America.

The Victorian Drug Court represents a fundamental shift in the way in which the Magistrates’ Court of Victorian has previously dealt with drug offenders. The Court seeks to further improve the safety of the community by focusing on the rehabilitation of offenders with a drug or alcohol dependency and by aiming to develop increased stability for offenders as well as providing assistance in reintegrating them into the community. The Victorian Drug Court commenced in May 2002 and is located in Dandenong. 

Sentencing at the Drug Court

An eligible offender attending the Drug Court may be sentenced to a Drug Treatment Order (DTO) for two years. To facilitate the DTO, the custodial sentence for a drug or alcohol-related offence is suspended to allow for the treatment of the offender. The treatment and supervision of the offender is the responsibility of the Drug Court Magistrate who will include specific conditions in the Order which are intended to address the offenders’ drug and alcohol dependency. A multi-disciplinary team consisting of case managers, clinical advisers, dedicated police prosecutor, defence lawyer and specialist community correction officers, assist the Drug Court Magistrate in the supervision of offenders placed on a DTO.

There are two components to the Drug Treatment Order:

• The treatment and supervision component; and
• The custodial component.

The treatment and supervision component of the order operates for two years or until that part of the order is cancelled under Section 18ZK, 18ZN or l8ZP of the Sentencing Act 1991. As noted above, the custodial component of the order must not exceed two years.

If offenders breach any of the conditions imposed by the DTO, the order may be cancelled and offenders sentenced to serve the unexpired portion of their sentence in prison. 

Eligibility Criteria

To be an eligible candidate for a DTO the offender must meet the following conditions:

• The offender must not be subject to a Parole Order, Combined Custody and Treatment Order or a Sentencing Order of the County or Supreme Court.
• The offender must plead guilty.
• The offender’s usual place of residence must be within a postcode area serviced by the Drug Court as specified in the Government Gazette.
• The offence must be within the jurisdiction of the Magistrate’s Court and punishable upon conviction by imprisonment.
• The offence must not be a sexual offence or an offence involving the infliction of actual bodily harm.
• On the balance of probabilities the Drug Court must be satisfied that:
  • the offender is dependant on drugs or alcohol; and,
  • the offender's dependency contributed to the commission of the offence.
• Upon conviction the Drug Court considers that a sentence of imprisonment is appropriate.
• The Drug Court considers that under normal conditions, it would not have ordered that the sentence be served by way of intensive corrections in the community nor would it have suspended the sentence.
• The offender must be willing to consent, in writing, to such a DTO.

Upon the Drug Court Magistrate finding the offender to be an eligible candidate for such a DTO, the case will be adjourned whilst an assessment report is be requested and provided to the Drug Court. 

Treatment and Supervision: Core Conditions

There are core conditions associated with the treatment and supervision component of the Drug Treatment Order. These conditions apply to all DTOs and Program participants must comply with all core conditions throughout their order. The core conditions provide that the participant must:

• Not commit, either within or outside Victoria, another offence punishable on conviction by imprisonment during the time that the order is in force
• Attend the Drug Court when required to do so
• Report to a specified Community Corrections Centre or other specified place within two clear working days after the order is made
• Report to and accept visits from a member of the Drug Court team or by a specified Community Corrections Officer;
• Undergo treatment for drug or alcohol dependency as specified in the order, by the Drug Court or by a specified Community Corrections Officer
• Give notice of any change of address at least two clear working days before the change, to a member of the Drug Court team
• Not leave Victoria without the permission of the Drug Court or a specified Community Corrections Officer
• Obey all lawful instructions from the Drug Court and the specified Community Corrections Officer.

Program Conditions

The Drug Court Magistrate will attach at least one Program Condition to the DTO. These conditions are attached to the DTO as the Drug Court Magistrate considers necessary to achieve the purpose for which the order is made. An offender must comply with all program conditions attached to the order throughout the entire time the order is in force. The following Program Conditions may be attached to an DTO stating that the offender:

• Must submit to drug or alcohol testing as specified in the order
• Must submit to detoxification or other treatment as specified in the order
• Must attend vocational, educational, employment or other programs as specified in the order
• Must submit to medical, psychiatric or psychological assessment as specified in the order
• Must not associate with specified persons
• Must reside at a specified place for a specified period
• Must comply with anything else that the Drug Court considers necessary or appropriate concerning:
  • the offender's drug or alcohol dependency; or
  • the personal factors that the Drug Court considers contributed to the offender's criminal behaviour.

Variation of DTO

The Drug Court Magistrate may vary any condition of the DTO at the regular Review Hearings that provide for the ongoing judicial supervision of drug court participants throughout the life of the DTO. The DTO will be varied if the participant is not responding to treatment and it is thought the participant may respond better to other treatment programs.

Previous Criminal Behaviour

If an offender has been found guilty on previous occasions to an offence where drug and alcohol dependency contributed, a DTO can still be made. A DTO can also be imposed regardless of whether the offender has previously served a term of imprisonment.

Legal Representation

The Drug Court has a dedicated Legal Aid Lawyer who is available to provide assistance to offenders and Drug Court participants. All potential Drug Court participants may have access to the lawyer to prepare for and represent them at all court sittings including hearings and application. It is recommended by the Court that all offenders consider consulting with a legal representative before attending any court hearing.

Drug Court Evaluation Reports

Evaluation Reports of the first three years of the Drug Court's operation have been published and are available to download from the Department of Justice web site.

 

Further information is available in the Guide to Court Support and Diversion Services - see panel on the right.