Being accepted into the Drug Court program requires careful preparation, an understanding of the eligibility requirements and strong advocacy. At Chidiac & Associates, we assist clients throughout Sydney and New South Wales with Drug Court referrals, providing strategic advice and representation to help determine whether this pathway is appropriate and available in their circumstances.

What is the Drug Court of NSW?

The Drug Court of NSW is a specialist court that provides intensive supervision, treatment and rehabilitation for eligible people whose offending is linked to drug dependency.

Rather than focusing solely on punishment, the Drug Court aims to reduce ongoing offending by addressing the underlying issues contributing to criminal behaviour, particularly drug dependence.

Participants are required to engage in a structured program involving treatment, supervision, testing and regular court appearances. Successful completion can provide an opportunity for participants to move away from the cycle of drug use and offending.

Who Can Be Referred to the Drug Court?

A person may be eligible for referral to the Drug Court where they meet specific criteria relating to their offence, personal circumstances and willingness to participate in treatment.

Generally, eligibility requires that:

• the person is an adult;
• the person has pleaded guilty to an offence or offences eligible for Drug Court consideration;
• the offending is related to their drug dependency;
• the person is likely to benefit from the Drug Court program;
• the person is willing to participate in treatment; and
• the person satisfies the legislative and program requirements.

Eligibility is assessed on a case-by-case basis, and not every person with a drug-related offence will qualify.

What Offences Are Eligible for the Drug Court?

The Drug Court can consider certain offences where the person's drug dependency is linked to their offending.

Eligible matters may include offences such as:

• drug supply offences (in appropriate circumstances);
• property offences;
• theft and fraud-related offences;
• offences involving dishonesty; and
• other offences where the legislation permits referral.

However, some offences are excluded, including certain serious violent or sexual offences.

A careful assessment of the charge, the Prosecution facts and the person's circumstances is required before determining whether a Drug Court referral is available.

How Does a Drug Court Referral Work?

A referral to the Drug Court generally occurs through the Local Court or District Court process.

The process involves:

1. Referral

The court may refer an eligible person for assessment by the Drug Court.

2. Assessment

The person undergoes an assessment process to determine suitability for participation in the program. This may involve consideration of:

• drug dependency;
• risk factors;
• willingness to engage in treatment;
• personal circumstances; and
• suitability for rehabilitation.

3. Acceptance Into the Program

If accepted, the participant enters the Drug Court program and is required to comply with strict conditions and treatment requirements.

4. Ongoing Supervision

Participants attend regular Drug Court appearances and are monitored throughout their participation in the program.

What Does the Drug Court Program Involve?

The Drug Court program is intensive and requires significant commitment from participants.

Requirements may include:

• attending treatment and counselling;
• submitting to drug testing;
• participating in rehabilitation programs;
• complying with supervision requirements;
• regularly appearing before the Drug Court; and
• engaging with support services.

The program is designed to address the underlying causes of offending and support long-term rehabilitation.

Benefits of the Drug Court Program

For suitable participants, the Drug Court can provide an alternative pathway focused on rehabilitation and reducing the risk of future offending.

Potential benefits include:

• addressing the underlying causes of drug dependency;
• receiving structured treatment and support;
• reducing the likelihood of further offending;
• avoiding a traditional custodial sentence in appropriate cases; and
• achieving a more positive long-term outcome.

However, the program requires commitment, accountability and compliance with strict requirements.

How We Can Help With a Drug Court Referral

At Chidiac & Associates, we understand that a Drug Court referral can be a critical opportunity for someone seeking to change the direction of their life. We provide advice and representation throughout the referral process, ensuring that your circumstances are properly presented.

We can assist with:

• assessing eligibility for the Drug Court;
• advising about the referral process;
• preparing submissions supporting referral;
• representing clients at court;
• assisting with suitability assessments; and
• providing ongoing advice throughout criminal proceedings.

Our approach is built on thorough preparation, strategic advice and strong advocacy.