Drug Diversion Program for Dangerous Drugs

Drug Diversion Program

If you have been charged with an offence including, but not limited to, the possession of dangerous drugs, you may be eligible for the drug diversion program. This program is an education session conducted either in person or over the phone following their sentence in the Magistrates Court.

The drug diversion program’s purpose is to provide offenders with an education session to assist with their drug use in its early stages and reduce further drug-related offending.

A person who has been charged and given a Notice to Appear (NTA) in the Magistrates Court for a relevant drug offence, such as possessing dangerous drugs, may be eligible for the program. One of the first considerations is the nature and serious of the offence, while the second is whether the person charged has any relevant history.

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Attending the Education Session

If that person has been approved to attend the program, then they will need to be sentenced in the Magistrates Court and will likely be given a recognisance order (otherwise known as a good behaviour bond). This is an agreement between the person and the Court that they will be of good behaviour for a period of time. In circumstances where a person has been approved to attend drug diversion, they must do so to a satisfactory standard. If this condition is not met or they do not attend, then they may be subject to re-sentencing and forfeiture of the good behaviour bond.

Drug Diversion Checklist

Engage a Criminal Lawyer
While you may self-represent, our firm will make your matter less complicated, by assisting you step-by-step. When you engage our firm, we will assess the prospects of applying for drug diversion at your sentence. This includes assessing the nature and seriousness of the offence, your criminal history if applicable, and developing a case strategy for our approach.
Limited Previous Diversions
A person must not have been given two previous diversion alternatives (including police diversion). There may be some circumstances where a person may reapply for drug diversion, we recommend speak to a lawyer concerning this.
No Other Pending Charges
A person must have no pending charges or convictions for offences of a sexual nature or certain drug offences dealt with on indictment, such as trafficking. They must also have no indictable offences involving violence against another person, other than certain offences specified under section 15E of the Penalties and Sentences Act 1992.
Book Drug Diversion
On the day of sentence, we will assist you with the drug diversion booking. We may attend with you or direct to you to attend drug diversion to make an application and booking with drug diversion for the education session. We will tender a copy of the drug diversion application to the Magistrate who will take into consideration.
Plead Guilty
We will advise you that any person has the right to take a matter to trial and have Police Prosecutions prove or attempt to prove their case. However, to be eligible for drug diversion, a person must plead guilty to the offence. To receive advice about your plea, we recommend speaking to a lawyer to address any concerns regarding the offence, including the strength of the evidence.

We have experience assist people with drug diversion applications. If you have been charged with any drug offence or want advice in relation to drug diversion. If a person is eligible and can be successfully referred to the program, a person may be able to receive no conviction recorded, which can have a significant impact on their reputation, career, and ability to travel. If you are not eligible, we will identify why and determine if it can be negotiated or implement a strategy to achieve the best alternative outcome. Organise a complimentary case assessment with a lawyer by calling (07) 3709 7610.

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