What is Drug Court in Perth, Western Australia?
Perth Drug Court operates inside of Perth Magistrates Court and it was established to primarily deal with adult offenders with drug related issues who commit criminal offences.
The purpose of Perth Drug Court aims to have the offender treated under a program to encourage rehabilitation, reduce re-offending and or imprisonment.
Can anyone be accepted into the Drug Court treatment program?
No, not every offender with a drug related issue can be accepted into the treatment program.
The Magistrate who presides in Perth’s Drug Court will decide whether an offender can be assessed for the program.
If the offenders matter is being dealt with in the District or Supreme Court, then the Magistrate will case-manage the offenders program on behalf of that court.
There are certain offences which will exclude an offender from being considered for the drug court programme.
In order to be eligible for the Perth Drug Court an offender must:
· Have charges before the court;
· Indicate a plea of guilty;
· Demonstrate a drug related problem;
· Request a referral from the Magistrate or Judge;
· Be able to relocate to Perth for the entire time in the Perth Drug Court if the offender lives regional;
· Have their outstanding legal issues resolved and be prepared to plead and commit to counselling and intensive treatment in the programme.
Most importantly, the offender must be willing and able to participate in the drug treatment programme.
What is the duration of treatment?
Offenders can be on a treatment programme for a period up to 24 months. Offenders have a say in what treatment and support services may assist them in their recovery. The Perth Drug Court works together with a range of drug and alcohol treatment and support services to help offenders with their individual needs.
Treatment can include, but is not limited to: frequent urine testing; alcohol testing; psychological screening; supervision with CATS officers; counselling and in some cases assessment for victim mediation.
The Court Assessment and Treatment Service “CATS”, which is a specialist Adult Community Corrections team that works together with the operation of the Perth Drug Court. CATS will prepare a report for the Magistrate or Judge which will essentially provide treatment the offender is receiving and their progress in the program. The reports are similar in nature to a pre-sentence report.
What happens if an offender tampers with a urine test?
They will immediately be removed from the program.
Can an offender leave the program?
Yes, as this is a program which requires the offender to be ready and willing to participate. Should the offender wish to leave, the Magistrate will take into consideration the extent of the offenders participation and sentence accordingly.
What happens at the end of the program?
A graduation ceremony will take place upon successful completion of the program. An offender will share the success of the program with others who are participating. It is encouraged to invite friends and family to come along to this occasion to show support.
If an offender successfully completes the drug court program, the Magistrate or Judge may take this into consideration when imposing a sentence after hearing the submissions of the defence and prosecution.
Who is a Drug Court lawyer?
The Perth Drug Court lawyer is provided by Legal Aid.
They may provide legal advice in relation to an offenders sentencing outcomes, attend and participate in case review meetings, and represent the offender in court.