An overview of diversion strategies for Australian drug-related offenders

This 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-drivi ng or assault); and offences committed to support drug use (for example, th eft). 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, someti mes 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 prosecuto r discretion. (c) Pre-sentence: a delay of sentence while assessment and tr eatment are sought. (d) Post-sentence: as part of sentencing, for example s uspended sentences, drug courts, noncustodial sentences and circle sentenci ng. (e) Pre-release: prior to release from a sentence, on parole. Issues fo r diversion programmes include net widening, the ethics of coercion to trea tment, the needs of families and intersectoral collaboration. A framework f or diversion is presented in which increasingly treatment-focused and coerc ive diversion strategies are used as offenders' criminal careers and drug p roblems increase.