Call our lawyers
now
or,
have our lawyers
call you
Drug Diversion in South Australia
Updated on Feb 23, 2023 • 4 min read • 508 views • Copy Link
Drug Diversion in South Australia
South Australian has two forms of drug diversion: diversion offered by the police and diversion offered by the courts. Police diversion options include Cannabis Expiation Notices and the Police Drug Diversion Initiative. Court options for drug diversion in South Australia include the Treatment Intervention Programs for those with drug and mental health problems, the Port Adelaide Nunga Court Treatment Program, and the South Australian Drug Court. This article deals with the various forms of drug diversion in South Australia.
Cannabis Expiation Notice
Police can issue a Cannabis Expiation Notice to someone who commits a ‘simple’ cannabis offence. This is essentially an on-the-spot fine, which may be given in person or by post. If the offence is expiated (that is, the fee is paid within 28 days), the matter is finalised.
Payment of an expiation fee is not admission of guilt.
If an expiation notice isn’t paid, a summons to go to court is issued.
An expiation notice can be given for:
- possessing up to 20 grams of cannabis resin or up to 100 grams of cannabis
- smoking cannabis in private
- possessing equipment related to drug use (for example, pipes, bongs), or
- cultivating a cannabis plant.
Police Drug Diversion Initiative
Under the Controlled Substances Act 1984, the Police Drug Diversion Initiative (PDDI) diverts people aged 16 years or over who commit minor drug offences into the health system instead of having them go through the justice system.
Drug and Alcohol Services SA is responsible for co-ordinating the program, which is only available to those charged only with drug offences. It is not available to someone who has been charged with a number of offences including drug offences.
Organisations that provide services through the PDDI can be found through this website.
This form of drug diversion in South Australia offers early intervention strategies for those who have been caught with a small amount of illegal drugs (other than cannabis) intended for personal use. The police must refer allegations of simple possession to this service and the referral operates as a stay of proceedings.
A prosecution can’t proceed in court for a matter that is eligible for Police Drug Diversion unless:
- the referral is terminated by the service
- the person fails to comply
- the person doesn’t admit the allegations, or
- the person doesn’t want to participate in the program.
Police Drug Diversion Initiative Procedure
After assessment for Police Drug Diversion, a person enters into an undertaking (similar to a bond) for up to six months. During that time, they participate in treatment programs and counselling courses.
Participation is not an admission of guilt. If the undertaking is successfully completed, the person can’t be prosecuted for the offence.
There is no limit to how many times a person can be diverted for simple possession offences but after diversion on more than three occasions the person will be seen by a panel of assessors.
The Treatment Intervention Court
The Treatment Intervention Court is a specialist court that deals with criminal matters involving people with behavioural conditions such as drug dependence or problem gambling.
A person may have their matter dealt with by the Treatment Intervention Court if they are pleading guilty and are willing to participate in intervention programs and follow the requirements of the program.
A person who is referred to the Treatment Intervention Court will have their suitability for the court assessed, and, if they are accepted will be assigned to a case manager who will assist and support them. Their matter will be regularly reviewed by the court, and they will be subjected to drug testing and other supervision.
A drug treatment program may last for six or twelve months. At the end of the program, the person will be sentenced for the offence. Treatment outcomes will be taken into account at sentencing; however, failing to complete the program will not result in any additional penalty.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
Michelle Makela
National Practice Manager
Michelle Makela is a Legal Practice Director at Go To Court Lawyers. She holds a Juris Doctor, a Bachelor of Science (Psychology) and a Master of Criminology. She was admitted to practice in 2006. Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.
Affordable Lawyers
Our Go To Court Lawyers will assist you in all areas of law. We specialise in providing legal advice urgently – at the time when you need it most. If you need a lawyer right now, today, we can help you – no matter where you are in Australia.How It Works
1. You speak directly to a lawyer
When you call the Go To Court Legal Hotline, you will be connected directly to a lawyer, every time.
2. Get your legal situation assessed
We determine the best way forward in your legal matter, free of charge. If you want to go ahead and book a face-to-face appointment, we will connect you with a specialist in your local area.
3. We arrange everything as needed
If you want to go ahead and book a fact-to-face appointment, we will connect you with a specialist in your local area no matter where you are and even at very short notice.
Related Law Topics
Youth Detention (WA) Children between the ages of 10 and 18 who are found guilty of a criminal offence in Western Australia can be sentenced to a period of youth detention. Children charged with offences and refused bail are held in youth detention on remand. Western Australia has only one youth detention centre, Banksia ....
Posted in:
Sentencing
Youth Diversion (NT) When the NT police believe that a young person has committed an offence, they have the option of referring the matter for youth diversion rather than laying charges. Having a matter dealt with by way of a diversion program allows a young person to take responsibility for ....
Posted in:
Sentencing
Circumstances of Aggravation (Qld)
Circumstances of aggravation are commonly alleged when an offender is charged with a criminal offence. A circumstance of aggravation is a factor surrounding an offence, the victim or the defendant which makes the offence more serious. Higher maximum penalties apply to aggravated offences. Legislation Section 1 of the Queensland Criminal ....
Posted in:
Sentencing
Fines in Tasmania Fines are monetary penalties levied against a person for breaking the law. A fine may be known as an infringement notice, penalty notice, an “on the spot” fine, ticket or Police Infringement Notice (PINS). The police and courts issue fines as a penalty for infringements and more ....
Posted in:
Sentencing
Good Behaviour Orders under the Youth Justice Act (NT)
Good Behaviour Orders under the Youth Justice Act (NT) A young person being sentenced for offences under the Youth Justice Act 2005 may be sentenced to a number of different penalties. One of these is a Good Behaviour Order (GBO). A young person placed on a GBO must abide by ....
Posted in:
Sentencing
Parole in Western Australia An eligible prisoner will be considered for parole in Western Australia by the Prisoners Review Board (the Board). The Board can grant, defer or refuse parole, and will take into account factors that affect the offender, the victims, and the community. If parole is granted, a parole order ....
Posted in:
Sentencing
Suspended Sentence Orders (Tas)
Suspended Sentence Orders (Tas) In Tasmania, when a court sentences an offender to a term of imprisonment, it can order that the term of imprisonment be suspended in whole or in part. When a person is given a suspended sentence, they are allowed to live in the community and do ....
Posted in:
Sentencing
In South Australia, some drug-related criminal matters are dealt with by a specialist Drug Court. The Drug Court runs in the Adelaide Magistrates Court and is alternative way of dealing with drug-related offending that is designed to help offenders accept responsibility for their own rehabilitation. This article outlines the South Australian ....
Posted in:
Sentencing
Sentencing Options for Sex Offenders (NSW)
Sentencing Options for Sex Offenders (NSW) During the early 2000s, community concerns about the long-term psychological effects of sexual offences and particularly child sexual abuse led to some significant changes in legislative schemes and the way sex offenders are sentenced. Since 2001 there have been at least nine amendments to ....
Posted in:
Offences
Sentencing
No Conviction in Victoria When a person is found guilty of an offence in Victoria, the court may record a conviction against them or may find them guilty without conviction. When a conviction is recorded it forms part of the person’s criminal record and must be disclosed in a number ....
Posted in:
Sentencing
Court Programs in South Australia
Court Programs in South Australia target behavioural issues of offenders or problems with substance abuse in an effort to reduce the risk of reoffending. South Australia has diversionary programs as well as specialist court programs that aim to deal with offending in a way that addresses its root causes. This ....
Posted in:
Sentencing
Findings of Guilt With No Conviction (NSW)
In New South Wales, courts can deal with criminal offences without recording a conviction if they choose to make an order under Section 10 of the Crimes (Sentencing Procedure) Act 1999. Where it is appropriate, courts can make an order under this provision dismissing a charge completely or discharging the offender ....
Posted in:
Sentencing