POLICE DRUG DIVERSION PROGRAM IN MINOR DRUG OFFENCES
Updated: Mar 30
Have you heard about the police drug diversion program?
In Queensland, there is a legislated program to give eligible persons the opportunity to participate in a program focused on minimising drug abuse - as opposed to facing prosecution. Are you eligible?
What is the Drug Diversion Program?
What is the drug diversion program? Put simply, the drug diversion program is a dedicated health intervention aimed at addressing drug use and issues related to the behaviour of the accused.
Who Is Eligible?
These programs are curated for those who face low-level drug offences, for example, possession of minor amounts of cannabis (50g or less). This does not include offences involving the production, supply or trafficking of cannabis.
Eligibility for the program will be assessed based on further criteria, such as:
there were no further offences committed during the circumstance of the minor drug charge;
the person has not been previously sentenced to serve time for a dangerous drug charge;
the person has not been previously convicted for a violent offence (if the person has been previously convicted for a violent offence – the rehabilitation period must have since expired);
recorded admission to committing the minor or low-level drug offence is present; and
the person has not received the offer of drug diversion once before.
The Legal Benefits
If you are eligible to participate in the program, it is to your benefit that you partake. If you complete the program, you will:
Not be charged with a criminal offence for the minor drug offence; and
Not have a recorded criminal history for the offence; and
Not have to attend court.
What do you do if you are held by police for a minor or low-level drug offence?
It can be a fearful situation to face the police if you’re accused of an offence.
If you are in this situation, the police will likely question you. You must understand your rights when speaking to the police.
Remember, you are always entitled to legal support. Call our 24/7 CRIME HOTLINE for accurate support no matter the time.
Your eligibility for the program will then be assessed. If you are found to be eligible, the offer will be made to you along with information on what’s involved, what the outcomes are, and what are the alternatives if you do not wish to participate.
How We Can Help You
If you have been charged with a minor drug offence, you may be able to partake in the drug diversion program instead of facing the Queensland courts.
However, if this is not applicable, you may need legal support.
If you have been charged with a criminal offence, whether it is drug-related or not, you will need to seek professional legal advice as soon as possible, especially if the charge is more than minor.
First Class Criminal Law Services in Brisbane, Toowoomba, Roma and Townsville.
With over 50+ years of experience in Criminal Law, Creevey Russel Lawyers regularly appear in magistrate, district and supreme courts across Queensland for pleas of guilty and trials.
We’re here for you. For around the clock service, please do not hesitate to contact our 24/7 Crime Hotline on 1800-CRIME-LAW (1800 2746 3529). Giving you the representation you need and deserve.