Drug diversion is a critical element to court ordered drug diversion. It is a penalty imposed to primarily rehabilitate a drug offender. It usually involves being referred to a drug information and education facility to deter the use of illicit substances. This is different to police drug diversion, which has different eligibility criteria.

The Illicit Drug Court Diversion Program is an option during sentencing of drug offenders who plead guilty to minor drug offences.

The program aims to deal with an offender by putting in place a good behaviour bond with a condition that the offender attend a drug information and education session or program. An amount of money (or recognisance amount) will attach to this bond, which must be paid where there is a breach of the bond.

Section 122A of the Drugs Misuse Act states that a court may if the person is eligible under the Police Power and Responsibilities Act 2000, to be offered an opportunity to attend a drug diversion assessment program.

Drug Diversion includes a combined assessment, education and counselling session with a qualified health service provider. Attending a Drug Assessment and Education Session means that you will not have a conviction recorded for the minor drug offence. Drug diversion may be offered twice.

To be eligible for the program, an offender must plead guilty to possessing a dangerous drug (if it was for personal use and is a small quantity as set out in legislation and a specific type of drug) or possession of anything used in connection with the commission of crime (for persons use) or possessions things used in connection with the administration/consumption/smoking of a dangerous drug or failing to take reasonable care of a syringe or disposing of same.

Our lawyers will talk with you in relation to whether the drug diversion program is available and you can participate in it.

In some cases, if the court sentences an offender to a good behaviour bond for all the offences, they will not be required to pay a fine. They will, however, need to pay the offender levy, which is an administrative fee payable by adult offenders that are sentenced in a Queensland court.

To find out more about this, click here: https://www.courts.qld.gov.au/about/offender-levy