What is court ordered drug diversion?

 

Court ordered drug diversion offers an eligible person charged with a minor drugs offence the chance to attend a Drug Diversion and Education Session.  If the program is successfully completed, no conviction is recorded.

 

Prior to the court appearance, a Court Diversion Officer will talk with the accused person.  The matter is then heard in Court.  The Magistrate may place the accused person on a recognisance order with the condition that the person attend a Drug Assessment and Education Session.

 

If the accused person successfully attends the Drug Assessment and Education Session, the recognissance order ends and no conviction is recorded.  If the program is not completed, the order is breached and the accused person is returned to court to be resentenced for the offence.

 

The Drug Assessment and Education Session is with a health service provider.  The aim is to provide education, support and assistance for people who have used, or are using, illicit drugs.

 

Am I eligible for court ordered drug diversion?

 

To be eligible, you must be an adult or child who:-

 

• is charged with a minor drugs offence; 

• admits guilt to the charge; and

• has not previously been convicted of a violent or sexual offence or serious indictable drug offence in the Supreme or District Court.

 

What is a minor drugs offence?

 

A minor drugs offence is a charge of possession of a minor amount of drugs.  The drugs must be for personal use.  Examples include:-

 

• cannabis - 50 grams or less; 

• heroin - 1 gram or less; 

• methadone - 1 gram or less; 

• amphetamine - 1 gram or less; 

• LSD - 3 tabs or less.

 

Do I need legal representation? 

 

Any drugs charge may have serious consequences for your future, including employment, travel, insurance and finance.  Much can depend on whether or not a conviction is recorded.

 

Our lawyers have successfully obtained drug diversion orders for many people charged with possessing dangerous drugs.  We can assist you by:

 

• Advising on your prospects of contesting a charge;

• Guiding you through the court process;

• Negotiating with the prosecution;

• Suggesting ways to reduce penalty and the impact on your future;

• Reducing some of your stress by answering the difficult questions; and

• Appearing for you in court.

 

Contact one of our Queensland Drug Lawyers today to get some initial advice about your charge.