Drug and Alcohol Sentencing List (ACT)

In 2019, the ACT introduced the Drug and Alcohol Sentencing List (DASL) as a way of tailoring rehabilitative sentences for individuals whose offending has occurred as a result of their drug or alcohol dependency. This page outlines who is eligible for the DASL and how it operates.

Legislation

The DASL is governed by the Crimes (Sentencing) Act 2005.

What is the DASL?

The DASL sentences offenders to a term of imprisonment that is partly suspended. When the offender is released from prison, they enter into a Drug and Alcohol Treatment Order (DATO). The person does not need to serve the balance of their sentence provided they comply with the terms of the DATO.  If they do not successfully complete the order, they must return to prison to serve the rest of the sentence.

Rationale for the program

The rationale behind the Drug and Alcohol Sentencing List is that a lot of serious criminal offending stems from the misuse of drugs and alcohol and these issues are not adequately addressed in prison.

The DASL provides offenders who have serious drug and alcohol problems to address these issues under the supervision of the court and with the support of a team of skilled professionals who can tailor and monitor treatment programs for the individual situation.

Participants in the DASL are held accountable for their actions, rewarded for positive progress and sanctioned for negative behaviour. Some types of behaviour will result in a breach or the termination of the order. If a participant successfully completes their treatment order, this is recognised as a significant achievement.

Who is eligible for the DASL?

To be eligible to be sentenced by the Drug and Alcohol Sentencing List, a person must be:

• over 18
• pleading guilty
• likely to be imprisoned for a period of between one and four years
• have no other sentencing orders in place
• be dependant on a drug or alcohol
• consent to being dealt with by the DASL
• not have committed an offence of serious violence or a serious sexual offence

Assessments

The court may order that a person’s suitability for a drug and alcohol treatment order be assessed. This assessment may occur while the defendant is in custody or while they are on bail. It usually takes between four and six weeks.

This assessment must address the following matters:

• the person’s level of dependence on alcohol or drugs
• the person’s psychiatric or psychological condition
• the person’s medical condition
• the person’s criminal record and how they have responded to previous court orders
• the person’s employment situation and personal circumstances
• the degree of the person’s compliance with drug and alcohol treatment assessment
• the living circumstances of the offender.

The court will only impose a DATO if a highly suitable program can be identified and is available to start immediately.

Drug and Alcohol Treatment Orders

Section 80O of the Crimes (Sentencing) Act 2005 sets out the objects of a DATO. These include:

• to facilitate the offender’s rehabilitation through a judicially supervised, therapeutically oriented and integrated treatment regime; and
• to reduce the offender’s dependency on alcohol and drugs
• to reduce the health impacts resulting from the use of alcohol and drugs
• assist with their integration into the community
• promote community safety by reducing the level of drug and alcohol-related offending.

If a DATO is to be made, it will be formulated by a team comprising the sentencing judge, a community corrections officer, a representative from Alcohol and Other Drugs, a prosecutor, a Legal Aid lawyer and a police officer.

The treatment team will used their experience to design and administer a treatment order, work with the participant to achieve their goals and assess their compliance with the order and address any breaches.

Case conferences will be held by the treatment team throughout the term of the order, prior to each occasion the participant attends court and as directed by the court.  The participant will generally not attend the case conference, except where necessary.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.