An overview of diversion strategies for Australian drug‐related offenders

Abstract

AbstractThis paper provides a descriptive overview of options for diversion of drug‐related offenders from the criminal justice system. Drug‐related offences include drug offences (for example, possession of a prohibited substance); offences that are directly linked to intoxication (for example, drink‐driving or assault); and offences committed to support drug use (for example, theft). After an offence has been detected by police, multiple opportunities for diversion occur throughout the criminal justice process. (a) Pre‐arrest: when an offence is first detected, prior to a charge being laid. This is known as police diversion and includes fines, warnings and cautions, sometimes with educational information or referral to assessment and treatment. (b) Pre‐trial: when a charge is made but before the matter is heard at court. Examples are treatment as a condition of bail, conferencing and prosecutor discretion. (c) Pre‐sentence: a delay of sentence while assessment and treatment are sought. (d) Post‐sentence: as part of sentencing, for example suspended sentences, drug courts, noncustodial sentences and circle sentencing. (e) Pre‐release: prior to release from a sentence, on parole. Issues for diversion programmes include net widening, the ethics of coercion to treatment, the needs of families and intersectoral collaboration. A framework for diversion is presented in which increasingly treatment‐focused and coercive diversion strategies are used as offenders' criminal careers and drug problems increase.