With the news that two South Australian’s have been “Diverted” for drug possession and the social media frenzy which has erupted, now is a timely occasion to discuss “drug diversion”.

What Is Drug Diversion?

Drug diversion is a national state and territory initiative set up to intervene in an offender’s behaviour and attitude, to stop the cycle of drug use.

It is a mandatory program for users of controlled drugs who have been found by police to be in possession of small amounts (simple possession) and who are afforded an opportunity to be diverted away from the criminal justice system.

That is, a person is required to take part in a program designed to assess a person’s usage, educate them on the harms associated with drug use and then offer treatment programs so that the user can break the habit and cycle of use of so called recreational drugs.

If a person chooses not to participate in the program, then that person will be prosecuted for the offending and will receive a summons to appear in Court at a later date.

It is in the persons’ interest to participate, not only to avoid the potential sanctions available to the Court, but also receive education and treatment so as to rehabilitate and avoid the triggers which might have contributed to the use of drugs in the first place.

It is important to note, that the individuals diverted on this occasion, have not been given any special treatment or leniency because of their perceived social or celebrity status. Every person in their situation will receive the same treatment given the same circumstances. And as with any other person, if they fail to participate in the program, they will be given the opportunity to appear in Court and face Prosecution.

For further information or advice, please contact Caldicott Lawyers.

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